In order to implement the relevant arrangements of the Supreme People's Court and the Shanghai Municipal High People's Court to carry out the "100-day Enforcement Attack" special action, highlight active enforcement, goodwill and civilized enforcement, and effectively improve the effectiveness of enforcement work, recently, the Shanghai Baoshan District People's Court Executive Bureau launched a series of centralized enforcement actions this year.
In this special action, the Baoshan District People's Court adopted methods such as door-to-door enforcement, site vacancy, and centralized announcement of judicial detention to concentrate on the enforcement of a number of "hard-boned" cases and made substantial progress. During the winter special enforcement activities, the amount of various cases was more than 10.14 million yuan, and judicial detention measures were implemented on 18 people, of which 10 were completed on the spot after the detention measures were announced.
Prevarication to negotiate conditions?
Pay on the spot after detention
The applicant in this case is a transportation company, and the person subject to enforcement, Gu, is the owner of the operating vehicle under the name of the transportation company, and the court judgment confirmed that Gu needs to pay more than 30,000 yuan for the transportation company's anchoring fee. After the transportation company contacted Gu several times to make the payment, it applied to the Baoshan District People's Court for compulsory enforcement.
"Is it okay to settle the case with 20,000 yuan? We talked about it on the phone yesterday. "At the execution site, the person subject to execution is still negotiating conditions.
Because the two parties have negotiated many times, the person subject to enforcement still tries to reduce the amount of performance, so it is impossible to reach an agreement with the applicant, and the enforcement police notify the on-site bailiff to prepare to take compulsory measures. Seeing this, the person subject to execution threw out cruel words: "Add another 1,000 yuan, I can't help it, it's a big deal to lock me in, I won't pay!"
In response to the person subject to enforcement's contempt for the authority of the law, the enforcement cadres and police severely criticized him, and then announced on the spot that he would be taken into judicial custody. After being handcuffed, the person subject to enforcement kept asking for negotiations with the applicant. The applicant insisted that the person subject to enforcement had the ability to perform and required the person subject to enforcement to perform all its obligations in accordance with the amount determined in the judgment.
After verification, on the premise that the person subject to enforcement has the ability to perform the amount confirmed in the judgment, he continues to shirk the enforcement, fabricating lies such as difficulties in performance to create obstacles to enforcement. Therefore, the enforcement police fined him 1,000 yuan. In the end, the person subject to enforcement fulfilled the full amount of the judgment, the case was executed, and the person subject to enforcement also made a statement of remorse.
Paying off the vehicle to someone else
The other person turned out to be his current girlfriend
After mediation by the Baoshan District People's Court, Xu and Ms. Lu voluntarily divorced, and Xu should pay Ms. Lu 580,000 yuan in installments. Later, due to Xu's refusal to perform, Ms. Lu applied to the Baoshan District People's Court for compulsory enforcement in August 2023.
In the process of communication between the enforcement police and the person subject to enforcement, Xu, Xu kept saying that he had no money to perform the mediation agreement. After investigation by the court, the person subject to enforcement had purchased a second-hand car for 580,000 yuan and had been using it, so the enforcement police called the person subject to execution again.
Enforcement Officers
Hello, after investigation, the court found that you had purchased a vehicle from Shanghai XXXXXX, can this car be used for performance?
Xu
This car is not good, and it has been repaid to others in August this year.
Enforcement Officers
To whom, name and contact number?
Xu
债主为陆某，电话：xxxxxxxxxxx。
Enforcement Officers
Hello, this is the Executive Bureau of Shanghai Baoshan District People's Court, and I would like to verify some information with you about the case of the executor Xu, and ask for your cooperation. May I ask if Xu will pay you the debt of the vehicle under his name?
Lu
Yes, it was given to me in November this year.
Due to the inconsistency between the two parties' statements on the time of repayment of debts with cars, the enforcement police ordered the person subject to enforcement to come to the Baoshan District People's Court to truthfully explain the situation. Upon questioning, the person subject to execution admitted that the so-called Lu was his current girlfriend. In view of the refusal of the person subject to enforcement to perform the obligations of effective legal documents and the failure to truthfully declare assets, the Baoshan District People's Court imposed judicial detention on him for 15 days and fined him 5,000 yuan.
During the period of detention, the person subject to enforcement expressed that he realized his mistake, actively repented, and fulfilled all the payment obligations of 580,000 yuan under the mediation letter by contacting his relatives, and the person subject to enforcement made a statement of remorse.
In the next step, the Executive Bureau of the Baoshan District People's Court will continue to carry out normalized centralized enforcement actions, maintain a high-pressure deterrent posture against the person subject to enforcement who refuses to perform the obligations of effective legal documents, form a strong enforcement momentum and deterrence, and let the winning rights and interests feel the "temperature" of the law, and at the same time uphold the concept of goodwill and civilized enforcement, safeguard the legitimate rights and interests of the parties, and protect the "last mile" of judicial fairness.