Physical debt repayment method (also known as debt restructuring)

If the debtor has no cash to repay, but agrees to repay the debt in kind, a reasonable valuation will be made. Compensation should be economical and practical, and should be easy to realize. In the process of paying off debts, for those who pay debts in kind, they need to go through the corresponding registration procedures of ownership mortgage.

Case analysis: A real estate project contracted by our company has a poor sales due to various reasons. Up to now, the real estate company has defaulted on the progress payment of RMB 6,543,800+million, which cannot be paid. A large number of houses are idle, and real estate companies may go bankrupt at any time. How to urge them is very difficult.

According to the general terms of the contract between the two parties, if the owner defaults on the progress payment and fails to improve after being urged, he can stop work. But once the work is stopped, it will make the real estate company in a more difficult situation and will inevitably go bankrupt. This result is not expected by the company.

In order to claim rights and leave room for manoeuvre, we take the following measures:

1. The head office sends a letter to the corresponding branch company, the main content of which is that the owner's project payment is overdue and the branch company has the obligation to urge it. Ask the branch to negotiate with the owner within a time limit, pay debts in kind and postpone the payment agreement. It is clearly stated in the agreement that RMB 6,543,800,000 yuan owed by the defendant should be paid off before XXX. If the owner agrees, the construction will continue. If the owner does not agree, the work will be stopped. At this time, the real estate company is very nervous when it stops working.

2. The deferred repayment agreement shall be notarized, and the notarized repayment agreement may be directly applied for enforcement without litigation.

2

Recording urging method

Case analysis: the final payment of a project is 300,000 yuan, which has not been paid for 10 years. At the beginning of 2004, the legal adviser of the construction enterprise obtained the construction contract and project completion report signed by both parties, which laid the foundation for safeguarding rights. After obtaining the above-mentioned evidence, the contractor obtained the audio-visual evidence of the interruption of the limitation of action in this case by means of telephone recording and video recording in accordance with the provisions of the Supreme People's Court on Several Issues concerning Civil Evidence.

During June 5438+ 10, 2004, the project manager dialed the owner's mobile phone, and the main contents of the phone were:

1, the amount owed by the other party;

2. The contractor has been claiming creditor's rights since 1994;

3. When to repay the arrears.

The whole process of the call was recorded. Especially in the video evidence, the scene environment, the people present and the process of the project manager calling the owner's mobile phone are clearly visible. Subsequently, the mobile company extracted the telephone "call list" used by the project manager. At this point, the chain of evidence that interrupted the limitation of action was completed, and all the evidence that the other party owed the project money was obtained, which provided a legal basis for restoring the limitation of action.

three

Bank transfer method

For example, the owner of a project owes hundreds of thousands of project funds. Over the years, the owners have delayed payment under various excuses and failed to make reconciliation records, resulting in the creditor's rights exceeding the limitation period. In order to obtain the evidence, the construction party can first send someone to the other unit to pay the debt, and the other party can pay as much as it can, but instead of taking cash, it requires a draft from the bank and tries its best to restore the limitation of action.

four

Negotiation and settlement method

The re-signed contact sheet and statement are effective evidence of debt settlement.

five

Investigation methods of the Commission for Discipline Inspection

Find the debtor's unit and ask for the business contact form on the grounds of leaving the office audit of middle-level cadres in enterprises. Once the statement is issued, it is valid evidence.

six

Intentional claim method

If you owe 40 thousand yuan, it has been more than 2 years. The construction party sent a letter to the owner by express delivery, deliberately demanding to pay off the arrears of 80,000 yuan. Sometimes the debtor feels wronged and replies with only 40,000 yuan. Such a reply is the evidence that the construction party won the case.

seven

Procedural law

We should make full use of the priority of compensation, the Interim Measures for the Fair Implementation of the Agreement on Arrears of Repayment for Construction Projects, and the Supreme Court's Interpretation on Applicable Legal Issues in the Trial of Construction Contract Disputes and other relevant laws to protect our legitimate creditor's rights. If the evidence is sufficient, the facts are clear, the dunning is fruitless and the repayment ability is available, legal proceedings will be resolutely carried out. In litigation practice, evidence collection is the foundation, litigation preservation is the premise, and friendly negotiation is the way.

eight

Understanding psychological methods

Some Party A are not unwilling to pay back the money in time, but afraid of bringing negative influence to themselves. The construction party can seize the weakness that they are worried about making the problem bigger and affecting their reputation. On the one hand, they have repeatedly come to the door to urge repayment; On the other hand, the organizer collects the arrears in a special period, and the other party is often forced by public pressure to pay off all the arrears.

nine

Tracking and recovery method

For the "nail" creditor's rights that are difficult to pay off, we can adopt the method of "sticking, following and biting", and we will never give up until we reach our goal. However, it is not appropriate to hire social "private detectives" to follow, let alone use illegal means.

A construction unit adopted the method of keeping an eye on it, and finally let the developer repay the project payment. In the housing construction project undertaken by a company, the developer boss evaded the debt, and the construction party failed to pay off the debt. The construction party arranged for three people to pay their debts by car. After nearly a month's tracking, he finally blocked the developer boss in the middle of the twelfth lunar month, letting him know that he was wrong and wrote a repayment check for millions of yuan overnight.

10

Internal bidding method

Some companies take out a number of difficult projects, invite tenders for employees to pay off debts, and give certain preferential policies to encourage employees to pay off debts. Through the formulation and promulgation of "Measures for Internal Bidding of Accounts Receivable", the bidding fee standard, bidding method and sample of entrusted collection contract are stipulated.

Case analysis: A company has successively carried out 3 15 creditor's rights projects, involving an amount of 1 070,000 yuan. The company1employee has successively undertaken 6 creditor's rights projects, and * * * recovered foreign debts with an age of more than five years of 4.06 million yuan. By summing up the annual "debt clearing" work and selecting advanced collectives and individuals, many units have mobilized the enthusiasm of debt clearing and innovated many debt clearing methods.

1 1

Extended liquidation method

Specific measures are:

1, to undertake continuous construction projects;

2. Help the real estate agent to sell the house and repay the arrears with the income from selling the house;

3. Matching suppliers to buy commercial housing to offset the money owed to us.

12

Transfer of Creditor's Rights (Triangle Erasure)

Proper use of creditor's rights transfer can effectively solve the problem of triangular debt, reduce the cost of debt settlement and alleviate the contradictions between enterprises.

Case study: A company cooperated with a company in Hunan to build a road pavement project. After the project has passed the initial inspection and delivered, Party A still owes100,000 yuan. In order to recover the debt as soon as possible, a company transferred more than 9 million yuan of creditor's rights to its partners by means of creditor's rights transfer, and signed a creditor's rights transfer agreement to offset the equivalent debt owed by a company to a company in Hunan.

13

Media exposure method

A group in Yunnan has repeatedly asked local TV stations in Yunnan to expose the owners of a building and other engineering projects who have been in arrears for a long time, so that the real estate developers who have maliciously defaulted on the project can attract social attention and achieve the effect of paying off their debts.

14

Contract prevention law

It is difficult to settle the project and evaluate the price. The owner's price evaluation for various purposes is not timely; At the same time, the effectiveness of the price evaluation needs to be determined by both parties. The construction party often checks the price, but the owner does not recognize it; The owner reviews the price, but the construction party does not approve it. It is laborious and time-consuming to review the price repeatedly in many aspects.

To this end, the following agreements can be made in the contract:

1. "The owner shall complete the price appraisal within × days after receiving the final statement, and it will be deemed effective if it is overdue" to prevent the price appraisal from being overdue. Sometimes the above statement is made directly in the contract, and the owner refuses to sign it for fear of damage to his rights and interests. Another alternative way is to make it clear in the contract that both parties apply the Building Law and the Measures for the Administration of Construction Contracts and Contract Valuation. Although the latter is the result of departmental regulations promulgated by the Ministry of Construction (it is clear that the owner is overdue), once both parties choose to apply it, it also has the effect of "overdue".

2. "If the construction party has any objection to the owner's timely audit results, both parties agree that either party will go to XX accounting firm for audit, and the audit price will be regarded as the final conclusion". In order to prevent repeated price review.

The article originated from the bidding APP.