Tip 1: How to collect wage arrears
If there is a delay in payment, talk to your colleagues. Surely, not only you have suffered. Write individually or collectively a notice that if there is a delay in the payment of wages by more than 15 days, you are entitled not to go to work, but to immediately go to court, demanding additional compensation for moral damage.
Make sure the secretary registers your appeal. Management must respond, make payments and notify you. You have no right not to go to work if the payment was made.
Demand from the management of moral compensation for violation of the provisions of the employment contract. It is from one three hundredth part of the refinancing rate for the day of delay. The rate is regularly indexed upwards.
Contact your union or labor inspectorate. Their instructions are not necessary for execution, but may cause trouble to the management of your organization, especially if you write a statement to the court or try to bring the administration to criminal responsibility. When applying, write a statement in which you specify the term of the debt. You can write the application in person or send it by registered mail. Be sure to indicate that there is no response from management to your notice of no-show.
Go to court. This can be done at any stage after 15 calendar days. If the delay in payment is more than two months, you are entitled to write a statement to the police and demand criminal liability of management.
If the court decides to recoverdebts. The responsibility for the execution of the decision rests with the bailiffs. They can seize the property of the company, bank accounts. At the same time, personal property cannot be arrested, and only official salary reflected in the employment contract can be recovered.
Many businesses may be faced with the fact that their debtor is declared bankrupt. In this case, debt collection takes place according to a clearly established procedure, if it is not followed, it is possible to completely lose the opportunity to return the money. In this regard, it is recommended to use the services of professionals for the implementation of debt repayment.
Contact a law firm that provides debt collection services withbankrupt. This will allow you not only to save time, but also your own nerves. The fact is that it is rather difficult to return money from a bankrupt debtor, and in order not to miss your chance, you will have to communicate with lawyers, judges, arbitration managers, accountants and other creditors. If you decide to do this procedure yourself, then you need to act quickly and in accordance with the established plan.
Read the procedure for repayment of debtsbankrupt. It is established by law that the claims of persons in respect of whom harm to life or health has been first are satisfied. This is followed by alimony arrears, severance pay and wages. After that, the creditors who have received the property as collateral can repay the debt.bankrupt. The next stage is the calculation of payments to budget and extra-budgetary funds. And only after thatdebt Other lenders may charge.
Study Debt Restructuring Planbankrupt. which is made by the arbitration manager appointed by the court. According to this document, the debtor is obliged to settle with all creditors within five years. If this does not happen, the company is assigned a liquidation, and the debts are repaid by selling the property. Pay attention to the time frame in which your debt will be settled.
Write applications to the court to replace the arbitration manager. If your claim is accepted, a new manager will be appointed bankrupt who will change the procedure for settling debts with creditors. Perhaps the new plan will be more convenient for you.
Submit a claim for recognition of the debtor bankrupt. If you do not return the debt for a long time, it is recommended to monitor the financial condition of the debtor. If he shows the threat of bankruptcy, then you must first declare it. In this case, you will receive a priority right to collect debt.