Recently, in the process of enforcing a private lending dispute case, the Court of Xingtai Development Zone enforced the judge's standardized, civilized and bona fide enforcement, protecting the legitimate rights and interests of the parties to the greatest extent, alleviating the contradictions, and prompting the parties to reach an enforcement settlement.
Trial situation: In July 2020, With Zhu and a tire sales company as guarantors, Zhang borrowed 115,000 yuan from Shi and issued an IOU. After shi mou repeatedly urged, Zhang mou only partially performed. Mr. Shi then sued the court to demand that he repay the remaining principal and interest of the loan. Our court made a judgment, ordering Zhang to repay the remaining principal, interest and litigation costs to Shi Hong within 15 days from the effective date of the judgment, and Zhu and a tire sales company to bear joint and several guarantee liability.
Implementation: After entering the enforcement procedure, our hospital did not find the bank deposits and other property of the executor through inquiries. When the enforcement judge visited and investigated, he learned that the husband of the applicant executor, Shi X, was his "master", the executor Zhang X followed the "master" to engage in cargo transportation for many years and then started a tire sales company, and the executor Zhang X, who was applied for execution, continued to lose money due to investment failure, and currently stored more than ten tires in the tire sales company.
After understanding the situation, the enforcement judge An Yueguang said in the conversation between the two sides of the organization: If the tire is auctioned according to law, part of the debt can be repaid to the applicant for execution, but it is far from reaching the target of enforcement in this case, and it also means that the judgment debtor has lost the ability to engage in the tire sales industry, thus further aggravating the difficulties of the operation of the judgment debtor. Mr. and Mrs. Shi said: Judge An also thinks about us, and can grace Zhang to complete the performance within a certain period of time, and no longer apply to the court for seizure and auction. Zhang Mou also said: Support the work of the court and thank the "master" for taking care of it. Zhang immediately borrowed 7,000 yuan from relatives and friends and transferred it to the applicant executor, and the two sides reached a settlement agreement to perform the settlement in installments and shook hands and made peace.
Since the Xingtai Development Zone court launched the unified enforcement action of "concentrating on the implementation of the 100-day offensive", the party group of the court has attached great importance to it and has made every effort to carry out the enforcement action. Enforcement cadres and police have a clear division of labor, act quickly, comprehensively investigate people and find objects, and make full use of searches, seizures, custodial summonses, detention, detention, and other such means to crack down on evasion or resistance to enforcement, effectively deterring judgment defaulters. The courts of the development zone adhere to civilized enforcement, standardized enforcement, and good faith enforcement, adopt targeted measures in light of the actual situation of the case, fully protect the legitimate rights and interests of the parties, and achieve good legal and social effects.