What to do if the private contractor owes money

If a private contractor owes money, he may file a lawsuit with the people's court. It should be noted that the statute of limitations for arrears of payment is two years, and the limitation period for IOUs that have indicated the date of repayment of payment is calculated from the date on which the date of repayment of payment is indicated, and the limitation period for IOUs that do not indicate the date of performance of payment for goods is calculated from the day after the IOU is issued by the debtor.

According to the provisions of China's "Civil Procedure Law", if the creditor requests the debtor to pay money and valuable, if the conditions are met, it may apply to the basic people's court with jurisdiction for a payment order: 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.

Legal Provisions

Article 214 of the Civil Procedure Law of the People's Republic of China If a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:

1) The creditor and the debtor have no other debt disputes.

2) The payment order can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.

Submit labor arbitration directly to the labor arbitration department.

1. It must be explained that the labor relationship between the migrant worker and the contractor is formed (not a cooperative relationship, because the IOU of the contractor is said to be owed "project money"), which is very important, if it is a cooperative relationship, it is an economic dispute and not a labor dispute, and the economic dispute belongs to the court.

2. It must be emphasized that since the contractor, the migrant workers complete the project according to his work requirements and accept his daily management and personnel deployment (this is in line with the first point above).

3. For the proof, it can be explained:

1. The actual existence and establishment of the labor relationship.

The foreman of the second contractor did not pay labor remuneration in accordance with the law; (When applying for labor arbitration, it must be stated that the contractor is required to pay the wages, not the "project payment").

4. If the labor department accepts the application, the contractor can also apply for compensation for failing to pay wages in time.

Legal basis:

1. Article 12 of the Interim Measures for the Administration of Wage Payment of Migrant Workers in the Construction Field: The general contractor shall not contract or subcontract the project to an organization or individual that does not have the qualifications of the employing entity in violation of the regulations, otherwise it shall be jointly and severally liable for paying off the arrears of wages.

2. Article 4 of the Notice on Matters Concerning the Establishment of Labor Relations: If an employer such as a construction or mining enterprise contracts a project (business) or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility of the employing entity for the workers recruited by the organization or natural person.

3. Article 9 of the Law on Mediation and Arbitration of Labor Disputes: If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle it in accordance with the law.

4. Article 17 of the Regulations on the Supervision of Labor Security: The investigation of violations of labor security laws, regulations or rules by the administrative department of labor security shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.

5. At the same time, migrant workers should also learn to protect themselves, not to be deceived by the rhetoric of the contractor, to sign a written basis with them, and not to be used by the contractor when their legitimate rights and interests are infringed.

Complain to the local labor and social security supervision department through proper channels, don't listen to the so-called promise of the contractor, just send a representative to the relevant department to complain directly in accordance with the law, and don't let yourself become a tool for the contractor to blackmail the relevant department!

Private contractor owes money: You can sue a private contractor for owing money to the people's court. If the other party is requested to repay the money, the following conditions are met, and the following conditions are met, an application for a payment order may be made:

There is no other debt dispute between the creditor and the debtor; A payment order may be made against the debtor. If the debtor fails to repay within 15 days after receiving the payment order, or does not raise a written objection, the creditor has the right to apply for compulsory enforcement. In order to realize the creditor's right, it is best to collect evidence such as IOUs, witnesses, etc.

1. Evidence that needs to be provided to cover up debt collection.

1.Provide written evidence such as IOUs, IOUs, or contracts that can prove the existence of creditor's rights and debts. Where there is no documentary evidence, the time, place, and amount of the formation of the creditor's rights and debts shall be provided, and witness testimony or disinterested evidence and clues shall be provided.

2.If there is a guarantor, the guarantor's name, gender, age, work unit and address shall be provided; If the guarantor is a legal person, the name, legally-designated representative, and address of the legal person shall be provided. Where an agreement is made, a written guarantee agreement or guarantee clause shall be provided.

3.In the case of collateral, the name, quantity, **, place of deposit and name of the custodian shall be provided.

4.Provide evidence of the debtor's overdue performance and incomplete performance of its obligations, as well as evidence of its claim of rights during the statute of limitations.

5.Proof of payment and payment of interest, proof of interest payable by the debtor, no interest agreement in kind, the creditor requires the debtor to pay overdue interest, or the irregular interest-free loan is not paid after being reminded, and the creditor is required to pay interest after being reminded, and the certificate of non-payment after maturity or reminder.

The following conditions need to be met for the defendant to be the defendant:

1 .involving the wage interests of migrant workers.

2.The project involved in the case must be completed and accepted, or the restoration must be completed and accepted, and the contractor has a legal claim against the subcontractor or the illegal subcontractor.

3.The contractor's claim on its premises (subcontractor or illegal subcontractor) is due and the amount is specified.

4.The employer owes the subcontractor or.

The construction money of the illegal subcontractor, the subcontractor or the illegal subcontractor may lose the solvency such as bankruptcy.

5.The amount owed by the employer must be the amount of the work completed by the contractor. If the employer has already paid the construction money involved in this case and owes other construction money, the relativity of the contract should not be broken.

To sum up, as long as the money owed is not returned within the specified time, it can be settled by litigation within the statute of limitations. Where the judgment has not been performed after the court has made a judgment, it may directly apply to the court for compulsory enforcement. if the circumstances are serious, criminal responsibility will be borne.

If the private contractor owes money, he or she may first negotiate with him, and if the negotiation fails, he may collect relevant evidence and file a lawsuit with the people's court.

According to Article 191 of the Civil Procedure Law, if a creditor requests the debtor to pay money or valuables, it may apply to the Wu Kuanmin Court, a grassroots person with jurisdiction, for a payment order if the following conditions are met:

1. The creditor and the debtor have no other debt disputes;

2. The payment order can be served on the debtor.