In the project arrears, the debtor is generally in a relatively strong position. Whether the employer owes money or the subcontractor or the illegal subcontractor owes money, there are various reasons for not paying the project funds, such as project quality problems, project delay, the employer not paying the project funds, the subcontractor or the illegal subcontractor absconds with money, the employer refuses to settle accounts, and refuses to collect money. But these are not the fundamental reasons for refusing to pay the project funds.

When the debtor is relatively strong, the debtor will generally take the initiative to negotiate with employers, subcontractors and illegal subcontractors. , and strive to reach a repayment agreement. In order to get the project payment as soon as possible, the debtor will often make great concessions and reach an agreement as long as there is no loss or even less loss, but even so, the debtor may not be grateful. In most cases, the debtor hopes to achieve the purpose of not giving or delaying. Therefore, in practice, negotiations sometimes fail.

Step 2 ask the debt collection company for help

When debtors refuse to pay the project arrears, some debtors choose to seek the help of debt collection companies to help them recover the project arrears. In practice, there are certain legal risks in this way, because there are certain problems in the legitimacy of the debt collection company itself. According to the current relevant laws and regulations in China, debt collection companies have always been in the gray area of law. It is difficult to ensure that the debt collection behavior of debt collection companies is completely legal under the premise of their own legitimacy problems.

In this way, some debtors recovered all or part of the project arrears, while others did not recover the project arrears, but were jailed because of the illegal behavior of the debt collection company. Therefore, finding a debt collection company is a double-edged sword. If it is used well, it will soon recover the project arrears; If you don't use it well, you will cut yourself.

In the process of debt collection, debt collection companies can adopt the following methods.

(1) Psychological stress method, that is, debt collection companies try their best to obtain the debtor's telephone number and residence, and then often call to "say hello" or visit the debtor from time to time, which makes the debtor feel psychological pressure;

(2) Stick to the law, that is, the debt collection company sticks to the debtor, and no matter where the debtor goes, it will resolutely follow until the repayment;

(3) The personal tracking method is basically the same as the sticking method, but its nature is different. The former is public tracking, while the latter is covert tracking, which can make the debtor feel psychological pressure;

(4) Seven-inch attack on the heart method, that is, the debt collection company investigates the debtor's background, including social relations, unpaid repayment ability, etc., and then visits relevant personnel to find the debtor's soft spot, and then find the soft spot and prescribe the right medicine. The above four methods are more or less illegal, and they are suspected of infringing others' personal freedom, privacy and other rights, so they are not protected by law.

If the behavior of the debt collection company is inaccurate and reaches a serious level, it is suspected to constitute a criminal offence, such as illegal detention, extortion, kidnapping, intentional injury and so on. If the behavior of the debt collection company constitutes a crime, then the debtor, as the principal of the debt collection company, is the mastermind in the criminal case and also bears criminal legal responsibility, and the principal should be severely punished.

3. Legal channels

The so-called legal channel is nothing more than bringing a lawsuit to the court and applying for court enforcement after waiting for the court's judgment. This method is safe and reliable, but if the debtor is a small enterprise, especially in the case of personal borrowing or relying on qualifications, due to limited economic strength, it is generally unwilling to choose this method. On the one hand, litigation is too complicated and takes a long time; On the other hand, after the judgment of the court, if the debtor still fails to perform the obligations determined in the judgment, it still needs to apply to the court for enforcement, which takes a long time and buys time for the debtor to evade debts and transfer property.

If the debtor is a qualified enterprise and has certain economic risk tolerance, he will choose to recover the debt through litigation. In order to recover debts in time, some debtors are unwilling to go through litigation and will choose non-litigation channels to recover debts.

Legal basis:

Article 807 of the Civil Code stipulates that if the employer fails to pay the price as agreed, the contractor may urge the employer to pay the price within a reasonable period of time. If the employer fails to pay within the time limit, the contractor may agree with the employer to discount or request the people's court to auction the project according to law, except that it is not appropriate to discount or auction according to the nature of the construction project. Priority should be given to compensation for the discount or auction price of construction projects.

Article 20 of the Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Construction Project Contract Disputes (hereinafter referred to as "Interpretation by the Supreme Court") stipulates: "If the parties agree that the employer fails to reply within the agreed time limit after receiving the completion settlement documents, it shall be deemed as the approval of the completion settlement documents and shall be handled according to the agreement. If the contractor requests to settle the project price according to the completion settlement document, it shall be supported. "