Almost every creditor expects that as long as he appeals to the court, no matter whether the debtor runs away or transfers assets, the enforcement judge and the enforcement police can help him find clues in a thousand things, and then find and detain the debtor, and finally get back the debt that belongs to him.
It can be said that the creditor is a hands-off shopkeeper, once the lawsuit is filed and the application for enforcement, it can lie flat and wait for the court to complete all the remaining steps.
However, hope is hope, reality is reality!
The cruel reality is that many cases cannot be perfectly concluded without the corresponding evidence provided by creditors. Not only could the court find no evidence of the debtor's transfer of assets, but it could not even find the debtor after he ran away. Therefore, when the old man runs away, although it is one of the work of the court to find the old man who has run away, it is also a matter for the creditor.
Therefore, Brother Mata wants to say: Please note that finding the old man is not the court's business, but the creditor's own business!
Friends who haven't followed Brother Mata can like and follow Brother Mata. If you have a loan dispute with an amount of more than 1 million, and the appellate court is in Chengdu, then you can tell your story to Brother Mata, and it may be able to help you.
1. Tempting the laid-back
In addition to offline stalking, the use of online social platforms can effectively help creditors find the "runaway" lai.
In 2014, under the introduction of a friend, Li met his fellow countryman Wei. Immediately, Wei hired Li to carry out the excavation project, but after the project was completed, Wei did not pay the relevant expenses. Li spent 8 years collecting debts, but only in exchange for Wei's various prevarications.
So, in September 2022, Li filed a lawsuit with the Shunyi District Court of Beijing, and after mediation by the court, Wei agreed to pay Li 30,450 yuan. However, after the mediation took effect, Wei refused to perform again, and Li had no choice but to apply to the court for compulsory enforcement.
The presiding judge inquired about the bank account and real estate in Wei's name, and only found a car. However, Wei said that the vehicle was not in his possession, and the court could not find the vehicle and could not impound the vehicle. At the same time, Wei also disappeared without a trace, and everyone didn't know where he was. The judge had no choice but to include him in the list of judgment defaulters, restrict his high consumption, and inform Li to actively cooperate with the court to find the traces of the judgment debtor.
If most of our creditors encountered such a situation, would they have run out of options, and even secretly gave up while complaining? However, Li listened to the words of the presiding judge.
At the beginning of 2024, Li learned from other fellow villagers that Wei was going to rent out his vehicle. So Li pretended to be a tenant after notifying the undertaking judge, took the initiative to contact Wei, expressed his willingness to rent Wei's car, and agreed on the time and place of delivery.
On the day of the delivery of the car, the judge suddenly appeared to detain Wei and seized the vehicle. After arriving at the Executive Board, Wei expressed his willingness to repay the loan on the spot. After raising money everywhere, Wei fulfilled all the repayment obligations to Li within an hour.
It can be said that it was precisely because the creditor Li provided the whereabouts of Lao Lai for the enforcement police and the undertaking judge, and found the assets (vehicles) in the name of Lao Lai Wei, that the case was successfully enforced. In addition to the "temptation", in order to find the old man who ran away, some people also thought of other ways.
2. "Seduction" old lai
The beauty trick has always been one of the most commonly used strategies in the 36 schemes, especially in today's high-speed development of the Internet, the "beauty trick" is very useful.
Liu and Yang, villagers of Mingxi County, Fujian Province, went to court because of a private loan dispute, and the court ordered Yang to repay the principal of the loan of 306,500 yuan and interest to the applicant, Liu. However, after the judgment took effect, Yang did not perform in accordance with the law, so Liu applied for compulsory enforcement.
Because the court took measures to limit the height of Yang, which caused Yang to travel inconveniently, he took the initiative to find Liu to reach a settlement, and paid 11,000 yuan on the spot, and promised to repay the remaining 15,000 yuan every month from July 2022 until the request was repaid, and the case was successfully executed.
But what people didn't expect was that Yang actually shook a shot, and after the court lifted the height limit on him, Yang did not fulfill his obligations in accordance with the settlement agreement, and even refused to answer the phone, and finally disappeared directly. At this time, Liu found that the debtor Yang often rewarded the female anchor after reaching a settlement agreement. According to this clue, the court learned through the bank that Yang had made many large expenditures during the settlement period, and the WeChat account had a total income of 13,110 yuan and an expenditure of 114,800 yuan.
In the case that neither Liu nor the court could find Yang, and Yang refused to perform for various reasons, Liu registered an account through the platform and asked Yang to meet offline in the name of a female netizen, and Yang believed it and happily went to the appointment.
Under the deployment of the court's enforcement police, when Yang arrived at the place of appointment, he was detained and summoned back to the court by the enforcement police, but the person subject to enforcement still refused to repay the loan. Therefore, because Yang ran away and refused to answer the phone, he had funds under his name to break up the anchor but refused to perform, so he was handed over to the local public security organ for the crime of refusing to execute.
After the case was filed, Yang immediately repaid the previous arrears of 80,000 yuan. However, he was still prosecuted by the public prosecution, and after trial by the Mingxi Court, the defendant Yang had already constituted the crime of refusing to carry out the judgment and ruling, and sentenced the defendant Yang to one year imprisonment with a two-year probation.
It was precisely because the creditor Liu was looking for the debtor and the evidence that the debtor had assets in his name that he finally forced the debtor to repay part of the arrears, and even received a criminal punishment of one year in prison and a two-year probation.
Therefore, Brother Mata keeps telling everyone, don't want to be a hands-off shopkeeper, if you don't care about your debts, how can the court help you?
3. How to find a laid-back?
Unconsciously, "running away" has become a method often used by the lai, and when the creditor is facing the lai's "runaway", Brother Ma summarized the following ways to find the other party.
First of all, the most commonly used method must be offline stalking, whether the creditor often visits the debtor's home, hometown, parents' house, ex-wife's house or through friends around to stalk, offline stalking is the best way. Moreover, in a large number of cases where the debtor "ran away", the creditor finally succeeded in finding the old man by stalking.
Secondly, you can find out the whereabouts of the other party through friends or circle of friends. Generally speaking, after a debt dispute arises between the parties, the debtor will most likely delete the creditor's contact information such as a letter, but the creditor may find the debtor through someone else's account or other person's circle of friends (for example, everyone may post a circle of friends during dinner).
Third, you can use social software to understand the other party's information, such as the circle of friends mentioned earlier, as well as social software such as a certain sound, a small book, Weibo, etc., which are commonly used and loved by everyone.
In addition to the appeal method, as in the above two cases, the location of the other party is determined through false "inducements", "pretending to be beautiful women", "pretending to be handsome guys", etc.
Therefore, after the occurrence of a debt dispute, the creditor must grasp as much information as possible about the debtor's social account, so as to have more opportunities to prevent the other party from running away and find evidence of assets in the other party's name.
In addition, it should be noted that if the creditor obtains a letter or a transfer record of a certain Alipay from the debtor, it cannot theoretically be evidence that the debtor has assets in his name but refuses to perform. However, you can use this as a clue to apply to the court for the enforcement judge to inquire about the inflow and outflow of funds from the account, and even to inquire about the superior and subordinate holders of the funds, and finally determine the nature of the funds.
However, whether it is looking for the old man or looking for evidence that the old man has assets in his name, the creditor needs to take the initiative to find it, and then the court will assist and cooperate. So, instead of complaining about the court executive board, it is better to spend more time looking for relevant evidence.
Finally, it may be helpful to provide a solution for friends who are really desperate, that is, if the court of appeal is in Chengdu, and the amount owed by the other party exceeds 1 million, and the application for enforcement has been more than 3 years, but there is still no effect. Brother Ma suggested that you can tell the story to Brother Ma and teach you to subdue the old man.
In addition, it should be reaffirmed that the courts are a place where legal fairness and justice are demonstrated, and the Court Enforcement Directorate is also faced with the reality of insufficient manpower. Therefore, if you simply hope that the court can complete everything except your appeal and help you successfully get the debt, you must be prepared for the possibility of failure.
All debtors must remember that it is not only the responsibility of the court but also the responsibility of the creditor to recover the debt. If the creditors don't take the initiative, who will take the initiative to help you? The litigation fees and compulsory fees collected by the court are not used as fees for market transactions. So, everyone must understand!
Finally, friends who haven't followed Mata Brother yet, you can quickly follow Mata Ge!