Hello everyone, I'm Brother Qi.
Founder of Shenzhen "Justice Enforcement" lawyer team.
The previous article talked about the strange things that everyone may encounter before the final version of the case, that is, when the case is in charge of a special enforcement brother.
Next, let's talk about the confusion that broke the plaintiff after the final case was finalized.
===========================
1. Who is responsible for the case after the final version?
No one, at least no judge, is in charge!
At the earliest, it was the undertaker who was responsible for the case to the end.
However, many people are too busy to deal with the case, so many courts have now issued new regulations and set up a special final case team:
A dedicated customer service is responsible for the reception of the plaintiff in the final case, giving various explanations to explain why the final case cannot be restarted.
Please note that instead of checking how the defendant's assets were transferred and concealed, a "final copy" team (similar to the public relations team that received the plaintiff) was set up to explain that it was legal not to investigate the final case from the perspective of system and process.
"If you can't solve the old problem, let the non-enforcement become legal."
This is what a netizen who read a post before said.
I really want to refute it, but I can't refute it...
Because although these words are a bit heavier, this is indeed the feeling brought by the current state of justice.
--------------------------------------------
2. Can I find my brother at the court?
Hard!
Clerks, judges' assistants, or even just staff (similar to the front desk of a shopping mall) are usually seen.
Previously, some fans said that the purpose of the existence of these staff members is only to "make the plaintiff give up continuing to fight, give up execution or accept the status quo, and no longer obsessed with the truth inquiry".
It's hard for me to evaluate whether this is really the case, after all, not every brother does this, but the reality is really not optimistic.
Basically no one answered the phone (holding the phone for half a month, eight hours a day, the probability of getting through is not large).
finally got through, and it was not the undertaker himself who answered the phone (neither of them was the undertaker who answered the phone, and the other party did not need to be responsible for the content and commitment of the communication, and the communication was worthless).
Even if the brother answered the phone, the plaintiff did not know how to fully express the appeal within 30 seconds and the logic was rigorous, and the time that the brother could give you would basically not exceed 30 seconds before hanging up the phone.
In terms of process, the plaintiff cannot contact the contractor and cannot complete the communication smoothly, which is a ruthless move.
---------------------------------------------------
3. If you want to re-check the assets of the old man, is it okay?
Basically, no!
Because I want to re-investigate, I have to reassign the brother who undertook the case.
If you want to distribute, you have to resume execution,
If you want to resume enforcement, you need to have new property clues.
If you want to have new clues, you have to ask Brother Fa to investigate in person, or Brother Fa will authorize the lawyer to issue an investigation order.
But now there is no new Fargo!
Without Brother, no one would authorize, and no one would issue an investigation order.
There is no investigation order, and the lawyer has no chance to complete the investigation, how can there be new property clues...
Endless Loop [Decay] [Decay] [Decay]!!!!!
=================================================================
Okay, that's all for the difficulties, let's talk about our team's thoughts.
First of all
The status quo is like this, and it is the same whether you accept it or not.
Telling everyone this is to hope that everyone can accept the status quo first after recognizing the status quo, and it is necessary to accept it.
Only by basing ourselves on the status quo can we think rationally, and only by accepting the status quo and proceeding from the status quo can we have the opportunity to solve the problem. There's nothing to explain about this.
It's useless to dream about idealism every day and complain every day.
It's all adults, sober yourself up first!!
Second, it is difficult to change the judicial rules on your own. After all, we're just a civil case.
#第二十条#也是用生命祭旗换来刑事案件, the case was taken seriously.
So we can do this:
1. Take a look at my past articles [shy] (I have written hundreds of articles in a few years, all of which are the practical experience of the team in the process of executing the case),
Understand the real reasons for the difficulty of enforcement, and first make it the same frequency as the enforcement judge and the enforcement lawyer team.
If you can meet with Brother Fa or answer the phone, you can explain your demands concisely and clearly.
---------------------------------------------------
2. Understand the implementation of relevant laws and regulations, the actual implementation standards of each court, and update your understanding of relevant laws and regulations, especially law enforcement, in real time (don't just look at it, don't be a nerd).
It is necessary to understand the provisions of the Company Law, the relevant laws and regulations on the additional change of the person subject to enforcement, the minutes of the Ninth People's Republic of China, and the Civil Code for the enforcement of creditor's rights disputes, but these are not enough.
More importantly, it is also necessary to understand the procedures of the court enforcement bureau and the police station for filing lawsuits, calling the police, and supervising the implementation of the law, and the time nodes when the executive bureau must complete each step of the implementation work, and know how the other party does the violation, so as to be in case of emergency.
-------------------------------------------
3. Usually set the automatic recording function on the mobile phone to learn to do things and leave traces.
Whatever Brother promised you, whether he did it or not, and when he promised to complete it, must be supported by evidence.
In fact, the best way to communicate with the ZF department is to use email, and it is EMS, when placing an order, write "**Court Executive Bureau** Judge Receive" in the remarks column, and write "four copies of documents, which are... ”
The tracking number should be remembered so that you can track and be held accountable after loss.
=============================
These are just the details of the operation, and the ultimate goal is to get the case back on the right track.
Let the case move, let the case be in charge of the brother, communicate with the brother of the law benignly, exchange the implementation plan, order the implementation plan urgently, and then advance step by step.
==============================
If you really don't have the time or ability to do these complicated communications, then there is another way:
Entrust the case to a professional team of executive lawyers, and let professional people do professional things.
But this must be the last choice, the choice that cannot be helped.
Because the cost of the enforcement lawyer is indeed not low (usually the commission is about 35% of the actual payment).
If you can do it yourself, I still recommend that you do it yourself, after all, there is no cost.
If you want professional people to do professional things, then accept the cost.
That's all there is to it.
I'm Brother Qi, the leader of the lawyer team of "Justice Enforcement" in Shenzhen.
Everyone passing by Shenzhen can come to the institute to sit and sit [Zuoyi] [Zuoyi] [Zuoyi]