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Economic disputes. Lawyer: "Developers should pay wages involving workers on a priority basis".
Zeng Huanqin, a senior real estate lawyer at Guangdong Zhuofan Law Firm, believes that this case involves the developer's arrears of project payment, and there is a dispute over the settlement method and settlement results between the two parties. Regarding the settlement method and settlement results of the project payment, China's "Construction Law", "Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases of Disputes over Construction Contracts" and other laws and regulations and relevant departmental rules have clear provisions: if there is an agreement between the two parties, the agreement shall prevail; If there is no agreement, the settlement shall be carried out in accordance with the statutory method.
The developer's refusal to settle or not recognize the settlement result for various reasons is prevarication.
When it comes to the issue of workers' wages, it should be paid by the developer as part of the project payment. The Supreme People's Court has promulgated a series of judicial interpretations, including the Notice on Further Clearing Cases of Arrears of Construction Payments and Migrant Workers' Wages, and the Urgent Notice on Giving Full Play to the Role of Adjudication Functions to Further Fairly and Efficiently Trial Cases of Disputes over Migrant Workers' Wages in Arrears, which provide detailed provisions on matters concerning the smooth receipt of wages by migrant workers. Migrant workers who are unable to receive wages due to the developer's delay in paying the project money should bear corresponding legal liabilities, including but not limited to civil, administrative and even criminal legal liabilities.
When it comes to the issue of project payment and its payment, the contractor has priority in accordance with the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts and relevant laws and regulations. Contractors can protect their rights and interests through statutory procedures.
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Ask the developer for money first.
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If the developer fails to repay the money owed, the creditor may urge the developer to repay the loan in a timely manner within a reasonable period of time; If the developer refuses to repay the loan, the creditor may apply to the arbitration institution for arbitration in accordance with the arbitration agreement in accordance with the law; Or prepare the complaint and evidentiary materials, and file a lawsuit with a court of competent jurisdiction in accordance with the law.
[Legal basis].
Article 2 of the Arbitration Law of the People's Republic of China.
Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.
Article 120 of the Civil Procedure Law of the People's Republic of China.
The indictment shall be submitted to the people's court, and a copy shall be submitted in accordance with the number of defendants.
Article 122.
Where the parties sue in the people's court for a civil dispute and it is appropriate for mediation, mediation is to be conducted first, except where the parties refuse to mediate.
Article 236.
The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.
Article 242.
If the person subject to enforcement fails to perform the obligations determined in the legal documents in accordance with the enforcement notice, the People's Bank of China Chun Town People's Court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, **, **, etc.. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances.
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If the developer owes money and fails to repay it, the creditor may urge the developer to repay the loan in a timely manner within a reasonable period of time; If the developer refuses to repay the loan, the creditor may apply to the arbitration institution for arbitration in accordance with the arbitration agreement in accordance with the law; Or prepare the complaint and evidentiary materials, and file a lawsuit with a court of competent jurisdiction in accordance with the law. If it is temporarily unable to repay, it can be repaid by the debtor in instalments; In the case of permanent insolvency, the debtor's existing personal property can only be discharged.
[Legal basis].
Article 579 of the Civil Code of the People's Republic of China: Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.
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Summary. Kiss <>
If you owe the developer the money and do not pay it back, the developer can sue you according to the law, among which if you still partially repay the condition, you will be included in the list of dishonesty, once you are included in the list of dishonesty, you will not be able to do, planes, subways and other means of transportation.
What to do if you owe money to the developer and don't pay it back.
Hello. Kiss <>
If you owe the developer Shibu money and do not pay it back, the developer can sue you according to the law, among which if you are still partially repaid, you will be included in the list of dishonesty, once you are included in the list of dishonesty, you will not be able to do, airplanes, subways and other means of transportation.
When I bought a house, I didn't have enough money, so I agreed with the developer to take out a loan, and I paid it off within a year without interest, and now I can't pay it back, will the developer take the house.
Kiss <>
If the developer asks the court to enforce it, it will liquidate your name, real estate, car, etc., and auction it in accordance with the law to repay the money to the developer.
The loan went to the developer's own, not to the bank, and now there is 50,000 yuan left, and the deadline has arrived, and I really can't afford to repay it, what should I do.
Kiss <>
If you voluntarily drive the car to someone who drives without a license, your driver's license will be revoked, and you will be fined according to the actual situation at the time.
Kiss <>
You could say that you can't do anything about it.
Kiss <>
Sorry, you can now negotiate with the developer to pay in installments, or reduce the amount of your monthly payment.
Now it's an installment, can you still pay in installments, dear, you can negotiate with the developer.
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If the developer owes money and does not pay it back, he can sue the court to demand repayment. 1. Urging arrears, the best way to take legal measures is not to entrust the company. It is difficult to protect the interests of the entrusted accounting company.
2. For those who do not repay their debts when due, it is recommended to file a lawsuit with the court as soon as possible to demand repayment, and once the two-year statute of limitations has expired, the right to win the lawsuit will be lost. 3. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for compulsory enforcement.
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If the developer owes money and does not pay it back, he can sue the court to demand repayment. 1. To urge the arrears, it is best to take legal measures and do not entrust the accounting company. It is difficult to protect the interests of the entrusted accounting company.
2. For those who fail to repay the debts when due, it is recommended to file a lawsuit with the court as soon as possible to demand repayment, and once the two-year statute of limitations has expired, the right to win the lawsuit will be lost. 3. After winning the lawsuit, if the other party fails to perform the court judgment during the period of performing the service, it can apply to the court for compulsory enforcement.
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Legal analysis: First, negotiate with your company to get back your salary, the most convenient way to save time and energy is to negotiate with the company, or you can ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. 2. Seek mediation with relevant departments If you are unwilling to negotiate, fail to negotiate or your company still does not perform after reaching a settlement agreement, then you can also apply to the mediation organization for mediation now.
3. To apply for labor arbitrationAccording to the above solutions, if you are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, then you can now apply to the labor arbitration commission for arbitration. 4. If you can't solve the problem by following the above methods, then you don't need to be in a hurry, you can directly file a civil lawsuit with the court to recover the labor remuneration that should be paid to you.
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 by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.
An IOU is a certificate written by the debtor to the borrower, which is kept by the borrower, and the IOU is also called an IOU! >>>More
Secretly recording or videotaping, preferably when meeting people. The worst is also to hit **, pay attention to speaking skills. Let him admit to borrowing money first. >>>More
Go to court and sue him, go through the legal route.
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Share it with her! Damn it! Last time my girlfriend said she wanted to buy candy to eat, so I borrowed 8 cents! Damn it hasn't been returned yet! But big brother, when I see you, my heart is much brighter! Resolutely share with her! I'll wait a little longer.
The police generally don't care, and if you have an IOU, go to the court to sue. There is no IOU, try to record a recording of him admitting to borrowing when he hits **.