Joke Collection Website - Talk about mood - China Construction Second Bureau has not paid the project funds for several years. Will it come back? Have you ever had the same experience?
China Construction Second Bureau has not paid the project funds for several years. Will it come back? Have you ever had the same experience?
The limitation of action for project arrears is two years, counting from knowing or should know the arrears. According to the law of our country, the limitation of action can be interrupted by some behaviors that claim rights, and the limitation of action will be recalculated after the interruption.
Article 188 of the Civil Code (effective from 202 1, 1) requests the people's court to protect civil rights for three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Some methods to restore prescriptions:
1, recording reminder mode: there is a project in arrears of several hundred thousand yuan 10. The undertaker made use of the methods permitted by the Provisions of the Supreme People's Court on Several Issues concerning Civil Evidence to make telephone recording and video recording, and obtained audio-visual evidence with time limitation interrupted. The main contents of the call should include: 1. The amount owed by the other party. Second, since when has the construction party been claiming creditor's rights? The third is when to return the arrears.
2. Bank transfer method: the owner of a project owes hundreds of thousands of yuan for the project, and the owner has delayed the payment for many years under various excuses, resulting in the creditor's rights exceeding the limitation period. In order to obtain the evidence, the construction party may send someone to the other unit to pay off the debt, and the other party will pay as much as possible, but not in cash, but ask for a draft from the bank to try its best to restore the limitation of action.
3. Reconciliation through negotiation: the contact sheet and statement re-signed by both parties are valid vouchers for debt settlement.
4. Intentional claim method: If you owe 40,000 yuan, it has been more than 2 years. The construction party sent a letter to the owner by express delivery, deliberately demanding to pay off the arrears of 80,000 yuan. Sometimes the debtor feels wronged and replies with only 40,000 yuan. Such a reply is the evidence that the construction party won the case.
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