He said that he could not pay back
However, travel videos were released on short video platforms
The executing judge called
but was called "fraudulent" by the couple
How should such an "old lai" be treated?
Ten years in debt, but leisurely traveling
In 2013, Wang and Ma bought a pump truck from a company in Zhonglian, but due to poor management, the millions of yuan that should have been paid in installments were not heard. In 2019, the court ordered Wang and Ma to repay a company totaling more than 3 million yuan for the goods. However, after the judgment came into effect, the two claimed that they were unable to repay the money, and after being included in the list of untrustworthy defendants, they simply "lay flat and pretended to die", and never fulfilled their repayment obligations, and the execution of the case reached a deadlock. In 2023, a company of Zhonglian applied to the Zhangjiajie Intermediate People's Court to resume compulsory enforcement.
After investigation, combined with the clues provided by the applicant for enforcement, the enforcement judge found that Wang and Ma operated a tobacco hotel in a high-end community in Taikang County, Henan Province, and recently posted a video of traveling to a scenic spot in Luoyang on the short video platform, which was a "getaway" scene.
In the Supreme People's Court's measures to restrict high consumption against untrustworthy defendants, it is clearly stipulated that untrustworthy defendants cannot travel or vacation. In the face of the "old lai" who "self-detodiated", the executive bureau of the Zhangjiajie Intermediate People's Court immediately decided to go to Henan to enforce the law on the spot.
The hardcore judge shot, and the ending was very happy!
On the morning of April 18, the enforcement judges came to the smoke hotel, but did not find Wang and Ma, only Ma's sister was present. In the face of questioning, Ma's sister was vague, saying that she did not know where the two went.
The enforcement judges repeatedly dialed the phone numbers of the two, Ma was always in a state of unreachability, and Wang finally connected after several times, but the first thing he said was "Hey!" Who are you? It's a scam! ", and then simply shut down.
Although the executed people evade in every possible way, the battle-hardened enforcement judges have their own tricks. The defendants, Wang and Ma, have a certain ability to perform, but they not only fail to perform their repayment obligations, but also evade court enforcement, which already meets the conditions for detention. However, considering that the whereabouts of the two persons are unknown, and that the court cannot fully grasp their property status, business income and repayment intentions before they have interviewed, it is likely that conventional detention methods will lead to no room for manoeuvre and poor enforcement.
Accordingly, the enforcement judge adjusted his response strategy and issued a "Notice of Pre-detention" on the spot, requiring Ma's sister to promptly convey the contents of the notice to Wang and Ma: "If within seven days after receiving this notice, if they still fail to perform their obligations or do not cooperate with the court's enforcement, this court will detain Wang and Ma for 15 days according to law."
In the afternoon of the same day, Ma, who was under pressure, took the initiative to call the enforcement judge, saying that he did not want to be detained and hoped to negotiate repayment with the applicant for enforcement. The enforcement judge immediately summoned a representative of a company of Zoomlion to meet and negotiate with Ma, and in the end, Ma fulfilled part of the payment on the spot and reached an installment repayment agreement with a company of Zoomlion, and the case was successfully concluded.
Many netizens said: Nice job!
What the judge said:
"Pre-detention" is a type of pre-coercive measure, which refers to the "disciplinary early warning" measure taken to grant the person subject to execution a certain grace period before making a formal decision to detain. The implementation of pre-compulsory measures has the characteristics of both education and flexibility, and through the combination of grace and power, the enforcement deterrent is further strengthened, so as to achieve the purpose of urging and forcing the person subject to enforcement to consciously perform.
In the next step, Zhangjiajie Court will continue to practice the concept of goodwill and civilized enforcement, focus on difficult cases in the fields of people's livelihood and construction machinery, and adopt pre-compulsory measures such as "pre-fine" and "pre-detention" in a timely manner to provide modern judicial services for the "last mile" of fairness and justice.
From: Hunan High Court quoted Zhangjiajie Intermediate Court
Source: Shanghai News Broadcast