What should I do if the developer doesn't give us the project payment when it expires?

What should I do if the developer doesn't give us the project payment when it expires? If you have money in the developer's account, you won't get the project payment, which means you haven't handled the relationship with the developer well, or you have related civil disputes. If the negotiation is not good, or it cannot be handled through mediation by others, if there is evidence, it is enough to file a civil lawsuit with the court. If the court decides that you win the case and the developer refuses to perform the effective judgment, you can apply to the court for enforcement, and the court will seal up and allocate the funds in the developer's account to you according to law.

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Article 224 The property part of a legally effective civil judgment or ruling and a criminal judgment or ruling shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance.

Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.

Edited on August 2020-19.

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The defendant company clearly has assets, why didn't the court enforce it for me? All the experts came to help.

The statement of the court is incorrect. You can apply to the court to enforce the developer's fixed assets, or you can enforce its house rent. If his account has money, he can freeze the corresponding funds and make compulsory deduction. You are also an agent.

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When it was enforced, the company had no money. Should the legal person bear the responsibility?

If the executive company has no money, the general legal person will not bear the responsibility. Unless the legal person violates the provisions of the Company Law and causes losses, the legal person shall bear the responsibility. If the private boss is in arrears with his salary, the enforcement object is the company, even if he has other companies and RV and other property, the court will not enforce his personal property. It doesn't matter whether the property is transferred or not. Those who file for bankruptcy shall give priority to paying off employees' wages and debts. Under normal circumstances, property outside the company cannot be executed; The company is only liable for its debts with its property. However, if there is evidence that shareholders have transferred the company's property, they can be required to bear unlimited joint and several liability. First of all, you should understand that the object of execution is the company, not the legal representative; Secondly, it is necessary to find out what is the relationship between another company and this company, whether it is the relationship between the head office, the parent company or the normal business relationship (even if it is only superficial). Different relationships will affect whether you can apply to another company for execution; Generally speaking, if it is the relationship between the head office and the company, you can apply for execution; If it is a parent-subsidiary relationship, the parent company only bears the debts within the scope of the subsidiary's contribution, and the subsidiary bears the debts of the parent company; If it doesn't matter, it is basically impossible to apply for enforcement. Unless you have clear evidence that the company has previously transferred its property to avoid debts, you can apply to the court for recovery. As for the deposit in the boss's personal name, it is generally not implemented, because the debtor is a company, not the boss's personal extension information:

Article 20 of the Company Law: Shareholders of a company shall abide by laws, administrative regulations and articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors. Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law. Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company. References:

Baidu Encyclopedia-Company Law

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There is money in the company account, and the account has been frozen by the court and has been enforced. What if the company goes bankrupt in the process of implementation? I can also get priority compensation.

Shareholders are company investors registered with the Industrial and Commercial Bureau when the company is established, and creditors of the company are people who lend money to the company. The relationship between shareholders and the company is to invest in shares and participate in the profit distribution of the company. The relationship between the company's creditors and the company is a loan relationship, not an investment relationship. When the company goes bankrupt, as a creditor, you should register with the court and participate in the bankruptcy liquidation of the company in order to obtain compensation for the creditor's rights. You can't get the money unless the liquidation of the company has been completed when you register. As for how to get the money first, I suggest the following: According to the provisions of Article 1 13 of the Bankruptcy Law, after paying off the bankruptcy expenses and debts of * * *, the bankruptcy property shall be paid off in the following order: ① The wages, medical care, disability allowance and pension expenses owed by the bankrupt to employees, the basic old-age insurance and basic medical insurance expenses owed to employees' personal accounts, and laws and administrative regulations. (2) Social insurance premiums and taxes owed by the bankrupt other than those specified in the preceding paragraph (Item 2); ③ Ordinary bankruptcy claims (third order). When calculating the first-order creditor's rights distribution, the wages of directors, supervisors and senior managers of bankrupt enterprises shall be calculated according to the average wages of employees of the enterprise. (2) The rule of paying off in turn. The significance of the distribution order stipulated in the bankruptcy law lies in determining the compensation order of different types of claimants according to certain legal policies, so that the claimants in the first order can be paid off before the claimants in the second order. In order to achieve this goal, the following rules must be observed in the sequential payment: ① Pay off the creditor's rights in the previous sequence first. (2) After the first sequential payment is completed, if there is any surplus property, the next sequential payment will be made. (3) If the creditor's rights and bankruptcy property in each order are fully paid off, they shall all be paid off; If it is insufficient to pay off, it shall be paid off in proportion. If after paying off the second-order creditor's rights, the remaining bankruptcy property is 6,543,800 yuan and the total amount of the third-order creditor's rights is 6,543,800 yuan, then 654.38+ 0 yuan will be paid for every 654.38+00 yuan of creditor's rights. (4) After proportional distribution, bankruptcy distribution will come to an end regardless of whether there are undistributed creditor's rights in the next order. For example, if the remaining property is insufficient to pay off the second-level creditor's rights after paying off the first-level creditor's rights, bankruptcy distribution will be terminated after paying off the second-level creditor's rights in proportion. You can estimate it by looking at what rank yours belongs to.

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What if the developer has no money? Can the court arrest the developer?

Debt belongs to the civil category, and the inability to repay debt does not constitute a crime, so there is no reason to arrest people.

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Do I need to pay taxes on the project funds that are applied for court enforcement?

After both parties are legal persons (or other organizations) bring a lawsuit to the court for business disputes, one party applies to the court for enforcement according to the legal documents that come into effect in the court. In the process of execution, if the court takes enforcement measures to execute the case in place and pay it to the applicant executor, but the applicant executor fails to issue the same valid invoice, the executor can usually only get the receipt from the court, the enforcement ruling and a copy of the receipt from the applicant's unit. According to the relevant provisions of China's tax law, the business dealings between two disputed units should be invoiced according to law. At this time, because the executor does not apply for the invoice provided by the executor, he will not only encounter problems in accounting, but also be punished by the tax authorities. At the same time, he will also bring losses to the state property because of the possible tax evasion of the executor. Therefore, in the process of court enforcement, how to avoid tax evasion by the parties is an urgent problem to be solved. Extended data:

Travel tax: a tax levied on vehicles and ships in use. According to the "Draft Vehicle and Vessel Tax Law" published in June 20 10, vehicles with a displacement of 2.0 liters are required to pay vehicle and vessel tax 960 yuan every year. Property tax: a tax levied on real estate. For a rental house with a monthly rent of 3,000 yuan, the annual property tax of 12% is 4,320 yuan (3,000×12% in February). Generally for commercial housing. However, in 20 1 1, as Shanghai and Chongqing also levy property taxes on non-operating housing, the nature of property tax has changed to land value-added tax: a tax levied on the value-added obtained from the transfer of state-owned land and real estate. 10.4 million yuan, including 5% business tax of 70,000 yuan, urban maintenance and construction tax of 4,900 yuan, and land value-added tax of about 200,000 yuan (related to land appreciation and real estate area). Baidu encyclopedia-tax payment

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