"I really didn't expect the judge to arrive when he said it, and he would have to return the arrears of 2 million yuan on the spot that day!" Qiu, the executor of the application, sighed from the bottom of his heart. After being involved in a private lending dispute, she was once discouraged because of the delay in the performance of the contract by the former "good big brother" Wang, until she finally ushered in a turnaround recently......
Recently, Judge Ma Detian of the Enforcement Preservation and Review Team of the Xicheng Court Enforcement Bureau and Shi Huating, the judge's assistant, went to the site of the residence of the person subject to enforcement and the location of the operating company in Zhuhai City, Guangdong Province, to settle the arrears involved in the case of 2 million yuan, urge the person subject to enforcement to perform on the same day, and reach a settlement agreement with the applicant for enforcement, and successfully conclude a case that has not been executed for many years.
Millions of loans were not repaid when due, and the account deficit was slow to perform
Back in 2019, Wang and Qiu were friends who met in the business field. Due to the need for business turnover, Wang borrowed money from Qiu. On March 15, 2019, Wang issued an IOU to Qiu, confirming that due to personal business turnover, from November 30, 2018, he borrowed a total of 9.196 million yuan from Qiu in eight installments, and the two parties agreed on an interest of 300,000 yuan. However, Wang did not repay all the loans as scheduled in accordance with the loan agreement, and disappeared after repaying 4.5 million. Subsequently, Qiu sued the court. On July 10, 2019, the Xicheng Court rendered a judgment, requiring Wang to repay the principal of Qiu's loan of 4.996 million yuan and pay the interest on the above amount from May 1, 2019 to the date of actual repayment.
After the judgment took effect, Wang did not actually perform the case money involved in the effective judgment, and Qiu immediately applied to the Xicheng Court Executive Bureau for compulsory enforcement in July 2020. However, after the case entered the enforcement procedure, in addition to deducting more than 30,000 yuan from the bank account of the person subject to enforcement, Wang, the property under the name of the person subject to enforcement Wang was not queried. In the blink of an eye, 3 years have passed, and the person subject to enforcement, Wang, has not taken the initiative to fulfill his legal obligation to repay debts, making the case a backlog that has not been executed for many years.
The mountain is high and the road is far away, and it is inconvenient for me to ask me to return the money to meet on the spot
Later, Qiu provided the current address, contact information and company address of the person subject to enforcement to Ma Detian, the current undertaker of the case, through the 12368 hotline, hoping that the enforcement judge could go to the scene to verify and find the property available for enforcement. After receiving the information provided by Qiu, Ma Detian immediately verified the clues. At the same time, he called the phone number of the person subject to execution, Wang, several times, and finally got in touch with him. At this time, Wang still disagreed and said that because of his behavior was restricted by the court from high consumption, he could not come to Beijing to negotiate, and if the judge was not too troublesome, he could go to Zhuhai to coordinate with him on the spot. Judge Ma immediately explained to Wang on the phone the legal consequences of concealing assets and refusing to perform effective judgment documents, and said that if performance is performed as soon as possible or can be mediated, delaying performance will only further increase the amount of performance and the difficulty of closing the case. However, the person subject to execution, Wang, still said that he would wait for the judge to meet at the scene.
2,000 kilometers non-stop, vigorous and resolute to solve the problem
So, 4 days after receiving the clues provided by Qiu, Ma Detian and Shi Huating immediately left Beijing and went to the actual business address of the company in Zhuhai, Guangdong, which was more than 2,000 kilometers away, and met the person subject to execution, Wang, on the spot. After Judge Ma explained the law and reasoned clearly, Wang immediately expressed remorse for his long-term mistaken failure to take the initiative to perform his debts, saying that the reason why he did not take the initiative to perform was that he was not able to perform due to poor management, and second, because Qiu applied to enforce the high limit, which caused him to be angry that he could not meet his deceased father for the last time. Seeing that Judge Ma came thousands of miles to preside over the execution on the spot, Wang said that he would take the initiative to actively fulfill the remaining debts.
The person subject to enforcement, Mr. Wang, was shocked by the vigorous and resolute execution and case-handling style of Judge Ma Detian's team, and also sincerely admired Judge Ma's work attitude of analyzing legal consequences and solving problems from the perspective of the person subject to enforcement. Wang immediately instructed his company's clerk to borrow 2 million yuan from other sources to the court account, and took the initiative to propose a repayment plan for the remaining amount, and at the same time truthfully reported the property situation to Judge Ma. Judge Ma struck while the iron was hot, and then contacted Qiu, who immediately rushed to the scene to reach a settlement with Wang, and on the basis of reducing part of the interest, the two parties signed an enforcement settlement agreement.
In just five days, Executive Judge Ma Detian had to pay back the long-overdue 2 million yuan in arrears.
Traveling 2,000 kilometers, dealing with it vigorously and resolutely, building a dialogue platform, and facilitating the enforcement settlement, Qiu Mou, the applicant for execution, truly experienced the efficient justice.
Contributed by: Xicheng Court
Photo: Ma Detian Shi Hua Ting
Editor: Duan Qingxin, Xiao Fei
Review: Zhang Lei