The decoration company owes me 4,300 yuan, how can I get it back

Updated on society 2024-05-12
10 answers
  1. Anonymous users2024-02-10

    Go to court and sue him, go through the legal route.

    Pay attention to collecting your boss's personal information and evidence that you are at work.

    It is advisable to consult with a lawyer. Or professional people understand.

  2. Anonymous users2024-02-09

    If the reason is on your side, you can call the local radio station**, or call the industrial and commercial department**, and let them help you, this is what you are most afraid of doing business.

  3. Anonymous users2024-02-08

    How does the renovation company owe you money?

  4. Anonymous users2024-02-07

    1. If the worker works for the employer, there are two ways to request payment of wages:

    1. Workers can file complaints with the labor inspection in the local human resources and social security bureau; Pros: Simple way. Disadvantages: Enforcement may not be very strong in some areas;

    2. You can apply for arbitration at the labor dispute arbitration committee in the local human resources and social security bureau and request payment of wages.

    2. If it is for an individual, it is not considered an employment relationship. The parties can directly go to the court to sue the individual boss and demand payment of labor remuneration.

    Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12334** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade. If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation.

    The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

  5. Anonymous users2024-02-06

    Legal analysis: The renovation company suddenly went out of business, which is a very troublesome thing for the renovation household. Because the decoration company has gone bankrupt, it is undoubtedly because of the bankruptcy of the enterprise caused by insolvency, therefore, the money paid by the decoration household is most likely gone, or there is little left.

    At this time, if you want to return the money, you must also be mentally prepared to not be able to get the money, or you can only partially ask for the money back. Because, if an enterprise goes bankrupt, it uses the remaining property after liquidation to pay off the arrears, and there is no money, so there is no need to pay.

    Legal basis: Article 43 of the Regulations of the People's Republic of China on the Administration of Company Registration In any of the following circumstances, the liquidation group of the company shall apply to the original company registration authority for cancellation of registration within 30 days from the date of completion of the company's liquidation: (1) The company is declared bankrupt in accordance with the law.

    2) The expiration of the business period specified in the articles of association of the company or the occurrence of other reasons for dissolution stipulated in the articles of association, except where the company exists by amending the articles of association. (3) The shareholders' meeting or the general meeting of shareholders resolves to dissolve or the shareholders of a one-person limited liability company or the board of directors of a foreign-invested company resolves to dissolve. (4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law.

    5) The people's courts are to be dissolved in accordance with law. (6) Other circumstances of dissolution as provided for by laws and administrative regulations.

  6. Anonymous users2024-02-05

    Legal Analysis:1The owner and the renovation company can negotiate to find a proper solution to the problem.

    2.If it is not possible to compromise, if the responsibility for such a problem has been confirmed at the time of conclusion of the contract, compensation will be made in accordance with the provisions of the contract. 3.

    If the responsibility for the delay is not confirmed when the contract is signed, and the two parties cannot compromise, they can complain to the consumer association or the decoration industry association.

    Legal basis: Civil Code of the People's Republic of China

    Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

    Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

  7. Anonymous users2024-02-04

    [Calculate how much it will cost you to renovate your home].

    1. The most time-saving and labor-saving way is to contact the decoration company to negotiate the refund, as for the amount of refund, it needs to be determined according to the decoration progress and negotiation results.

    2. If the negotiation with the decoration company fails, you can look at the decoration contract signed by both parties at that time to see if such problems belong to the responsibility, if the fault party is the decoration company, you can call 12315 or the decoration association ** to complain, and ask the decoration company to return the decoration money, and compensate for losses and liquidated damages.

    3. You can bring the decoration contract to the court to file a lawsuit, and the court will contact the two parties to negotiate within the specified time after receiving the lawsuit. If the mediation is unsuccessful, both parties submit evidence and wait for the court's trial and judgment. The advantage is that the court is more authoritative and credible, but the disadvantage is that it is time-consuming and labor-intensive, and it is necessary to be prepared to fight a protracted battle.

    Legal basis: Civil Code of the People's Republic of China

    Article 577: After signing a contract, if one of the parties fails to perform its obligations under the contract or does not perform its obligations as required by the contract, it shall be liable by continuing to enforce the contract, taking remedial measures or compensating for losses.

    Article 578:If one of the parties clearly informs or expresses its non-performance of contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the enforcement period.

    Enter the area and get the decoration for free**].

    Enter the area and get the decoration for free**].

  8. Anonymous users2024-02-03

    1. What should I do if the decoration company owes money and does not give it?

    1. If the decoration company owes money and does not give it, it can be dealt with through the following two points:

    1) Negotiate a settlement privately to return the money owed;

    2) If the settlement fails, it can be resolved by filing a civil lawsuit with the court. In civil disputes, evidence should be collected and a complaint should be written, and the parties should submit the complaint to the court with jurisdiction, and the people's court that meets the requirements for filing the complaint will file the case within seven days.

    2. Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China.

    The provisions of this Law apply to people's courts accepting civil lawsuits brought between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships;

    Article 8. Parties to civil litigation have equal procedural rights. People's courts hearing civil cases shall safeguard and facilitate the parties' exercise of procedural rights, and treat all parties equally in the application of law.

    2. What are the conditions for the decoration company to owe money and not file a civil lawsuit?

    To file a civil lawsuit, the following conditions need to be met:

    1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

    2. There is a clear defendant;

    3. There are specific litigation claims, facts and reasons;

    4. It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

  9. Anonymous users2024-02-02

    The decoration company has gone bankrupt, how to recover the decoration money.

    1.The owner and the renovation company can sit down first, negotiate with each other, and find a suitable solution. If there is a problem, it should be coordinated with the decoration company to solve it.

    If it cannot be resolved through negotiation, if the responsibility has been confirmed at the time of signing the contract, compensation shall be made in accordance with the provisions of the contract. If the delay is caused by a third party, the rework cost shall be borne by the owner; However, the maintenance team did not report the quality damage to the owner in time. In the event of further damage, the extended damage will be borne by the repair team.

    3. If there is no confirmation of responsibility for delay in the construction period when the contract is signed, and the two parties cannot compromise, you can complain to the consumer association or the decoration industry association.

  10. Anonymous users2024-02-01

    If the decoration company owes money and does not pay it back, it should be resolved through negotiation, mediation, arbitration and litigation. If the party who owes money is required to pay off its own arrears, and if it refuses to repay, it may file a lawsuit with the local people's court to ensure its own lawful rights and interests, and handle it in accordance with the legal process.

    1. What should I do if the decoration company owes money and does not pay it back?

    There are many ways to resolve arrears disputes, such as negotiation, mediation, arbitration and litigation, etc., as long as they are used in a timely and appropriate manner, they will achieve twice the result with half the effort. However, due to the fact that some creditors often delay the negotiation stage for too long in order not to hurt the peace, many good opportunities to recover the arrears are missed. Applying for a payment order is one of the effective ways to recover the amount owed.

    According to the provisions of the Civil Procedure Law of China, if the creditor requests the debtor to pay money and valuable, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: the creditor and the debtor have no other debt disputes; The payment order can be served on the debtor. If the debtor fails to repay the debt within 15 days after receiving the payment order issued by the people's court, or fails to raise a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement.

    It can be seen that the biggest advantage of applying to the people's court for a payment order to recover the arrears is that the time is short and the results are quick. Of course, if the debtor submits a written objection to the people's court within the statutory time, it must be handled through the litigation procedure.

    2. If you owe money, you won't be sentenced

    If it is simply a civil offense, it is not a criminal offense, and it is generally not a criminal offense, and if it is a malicious refusal to enforce the court's judgment, it may constitute a crime.

    For the crime of refusing to enforce a judgment or ruling on the basis of article 313 of the Criminal Law of the People's Republic of China, and refusing to enforce a judgment or ruling of a people's court where the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

    Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

    The people's court shall conduct an investigation in accordance with the provisions of the law and the circumstances of the case, and shall repay the creditor's arrears if there is a situation of non-payment of the money owed. If the person who owes money to the case refuses to repay the debt, the people's court may enforce the judgment in accordance with the provisions of the law to protect the lawful rights and interests of citizens.

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