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If the debt is not repaid, "the cat sells itself to pay off the debt", and the living things can also be judicially auctioned?

author:Ten rights legal service platform

Because the owner did not repay the debt, 12 pet cats were followed by the debt and were "listed" on the judicial auction platform. According to the auction page, among these legal auction cats, the highest popularity value is a blue-gold small male cat, with a starting price of 1,000 yuan, hundreds of people set up attention reminders, the whole process attracted 24482 online onlookers.

If the debt is not repaid, "the cat sells itself to pay off the debt", and the living things can also be judicially auctioned?

Cause of the incident

Case:

The Zhangjiagang Municipal People's Court issued a civil judgment stating that between March and April 2021, the plaintiff, Tao, paid 81,250 yuan to defendant Huang in order to purchase a pet breed cat. But Huang transferred the money for other purposes, last June, Tao found Huang, Huang returned 1250 yuan and wrote an IOU of 80,000 yuan, promising to pay it off before February 1 this year, but Huang did not fulfill his promise.

On November 18, 2021, Tao transferred the above-mentioned claim to Huang to his mother Ji, and notified Huang on January 17, 2022. Subsequently, Ji sued Huang to the court. On January 3, 2022, after filing and investigating the case, after the court trial found that Huang had no other enforceable property, 12 pet cats being sold under the name of the person subject to enforcement were "seized" and auctioned judicially.

Auctions will be held at 10:00 p.m. on August 26, 2022 and 10:00 p.m. on Aug. 27, 2022, respectively. These include 8 species, including blue gold, golden gill, ragdoll, golden tabby and golden gradient. The reference price is between 500-2000 yuan per piece. In addition, the list of seized properties details the breed, age, sterilization and vaccination of cats, the largest cat is more than 2 years old, and the youngest cat is only ten days old.

Judging from the data of the auction platform, among the dozen or so legal auction cats, the highest popularity is a blue-gold small male cat, the starting price is 1000 yuan, as of about 11:00 pm on the 12th, 28 people have signed up to participate in the bidding, 12859 people have watched, 220 people have set attention reminders, and the onlookers of other breeds of cats have exceeded 1,000 people.

There are a total of 12 pet cats, except for 1 golden gradient cat with a starting price of 2,000 yuan, no one bids, the other 11 pet cats were auctioned off.

If the debt is not repaid, "the cat sells itself to pay off the debt", and the living things can also be judicially auctioned?

01

Can live pets also be mortgaged for auction?

Usually, the mortgage is a form of mortgage provided by the debtor or a third party to secure the non-transfer of movable property, and in the event of the debtor's failure to perform the obligation, the mortgagee takes possession of the mortgaged movable property and gives priority to repayment over other creditors for the sale price.

Therefore, cats, as the debtor's property, especially cats of precious breeds, can be sold at a discount to pay off the debtor's debts.

If the debt is not repaid, "the cat sells itself to pay off the debt", and the living things can also be judicially auctioned?

From the perspective of civil law, as long as a specific object can be directly controlled by the right holder and enjoys a certain value, it can be excluded from the domination of others, and the parties have property rights in the article. Therefore, once the judgment debtor has property rights in the pets kept by the judgment debtor, the court can seize or even auction the pets raised by the judgment debtor.

If the debt is not repaid, "the cat sells itself to pay off the debt", and the living things can also be judicially auctioned?

In fact, the "legal auction cat" incident has not been on the legal auction platform once or twice, before the Jiangsu Taicang court also set up an auction of 5 breeds of pet cats on the legal auction platform to resolve a private lending dispute. The auction will be held on August 26, 2022 at 10:00 a.m., with each cat watching each cat at the final auction up to 6,000 times.

In 2021, it was once on the hot search, attracting more than 330,000 people to watch the Fapai Shiba Inu "Dengdeng", which attracted the attention of the majority of netizens.

According to reports, the original owner, Xiao Mou, owed the pet dog Dengdeng in the pet center after the pet center was in arrears in the pet center's boarding care fee, so it was auctioned off in November 2018.

On November 4, 2021, Dengdeng was auctioned by 480 people at the judicial auction due to the disappearance of its owner again in the second auction, and was finally auctioned off with a turnover of 160,000 yuan.

If the debt is not repaid, "the cat sells itself to pay off the debt", and the living things can also be judicially auctioned?

02

What are the classifications of judicial auction items?

1. Asset type

Assets involved in criminal punishment, litigation assets, and bankruptcy assets

2. The type of subject matter

1. Real estate: residential housing, commercial housing, industrial housing, other housing

2. Transportation: motor vehicles, air traffic, ships, other transportation

3. Ownership: equity, creditor's rights, forest rights, mining rights

4. Asset class: assets, intangible assets

5. Other categories: land, engineering, sea area, machinery and equipment, antique calligraphy and painting, jewelry, and other special categories.

General court auctions come from bankrupt enterprises, old lai who owe money and some people who have been caught for corruption. After these assets are confiscated, they will be auctioned at market value.

There are even some intangible properties that can be auctioned, such as mining rights of a certain mountain, highway toll collection rights, and even district people's courts being auctioned by the municipal people's courts.

If the debt is not repaid, "the cat sells itself to pay off the debt", and the living things can also be judicially auctioned?

The Ten Rights Legal Service Platform reminds everyone that if there is a debt, it must be repaid in a timely manner, and the amount borrowed when capital turnover is needed is best within its own control. Because once you become a lao lai, not only will you be restricted by travel standards, your children's employment will be affected, and perhaps your pets will suffer along with it.