What if the decoration customer doesn't sign the contract for the final payment?

1. What should I do if there is no contract for defaulting on the decoration payment?

Bring a lawsuit to the court, and the owner pays the decoration money.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the time limit for performance expires.

Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.

Second, there is no department for renovation contract owners to find a solution to the arrears of renovation funds.

If the renovation project is in arrears, you can negotiate first. If the other party refuses to pay, it may file an arbitration with the Arbitration Commission of this Municipality, and demand the defaulting party to pay the project funds according to the arbitration results. If the other party still refuses to pay, it can directly bring an administrative lawsuit to the people's court, requiring the other party to pay the project payment according to the court's judgment; If the other party still refuses to pay, it may apply to the court for enforcement. The court will directly transfer the project payment from the other party's bank account to you, or detain the other party's goods and pay the project payment after the auction.

Third, how to sue the court to recover the project payment?

The parties may defend their rights by filing a civil lawsuit and request the court to order the other party to bear the corresponding payment responsibility.

(1) When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.

(two) according to the principle of who advocates who gives evidence, the plaintiff shall submit the following materials to the court:

1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.

(3) When submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, detailing the names and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.

(four) the filing court shall, within seven days after the parties perform the necessary procedures and submit the relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.

(five) the parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If the written application for delay, deferment or exemption is not approved within the time limit, our hospital will decide to withdraw the lawsuit automatically.

(6) After the case is put on file, the court arranges the court session time, and the parties shall obey the various work arrangements of the court. After the case is closed, the litigation expenses shall be settled in the financial office, and the overpayment shall be made and the underpayment shall be made.

In fact, the problem of arrears in project payment has always existed. Whether the employer breaches the contract or the contractor breaches the contract, it actually damages the legitimate rights and interests of ordinary migrant workers. If we want to recover this project payment, we need to take certain measures, including some legal means, such as applying for arbitration and bringing a lawsuit. As for what kind of rights protection method should be chosen, it is suggested that it must be combined with its own situation. For example, in the absence of a contract, it is best to entrust a lawyer to go directly to court for prosecution.