We often say that in debt disputes, creditors are always in an absolutely weak position. Because once the debt relationship is established, in the absence of strong legal constraints, whoever controls the means of production will have more right to speak.
Therefore, in court debt disputes, Brother Ma often finds that many debtors have an extremely bad attitude, and can even be said to be fearless. If the creditor wants to accept it, he will either agree to pay less of the debt or he will not get any of it. Even at this time, the court will persuade the creditor from the perspective of the debtor.
100,000 yuan in debt, and if you can get back 7-80,000 yuan, you already need to thank the judge and the debtor!
Next, Brother Ma will combine examples to tell you what kind of riotous operations Lao Lai has, and how should we counteract them in the face of these riotous operations, and how can we better protect our legitimate rights and interests?
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. Threatening the court
At the beginning of 2020, Lao Liu joined a company in Huairou District, Beijing, engaged in telecommunications line erection. But what Lao Liu didn't expect was that in December of that year, Lao Liu accidentally fell and injured himself while setting up the wire.
After Lao Liu's injury was recognized as a work-related injury by the local social security bureau, his injury was identified as a grade 8 disability. However, the company did not pay social security for Lao Liu, and the personal accident insurance payment company that originally belonged to Lao Liu did not pay Lao Liu.
Later, after negotiation, Lao Liu and the company signed a "Settlement Agreement", agreeing on medical expenses, wages and other related payments. But what Lao Liu didn't expect was that the company still did not perform in accordance with the agreement after signing the agreement. Therefore, after Lao Liu failed to ask for help, he applied for labor arbitration, but the arbitration result was not in favor of Lao Liu, so Lao Liu decided to sue the company to the court.
In the process of Lao Liu's lawsuit, the company's shareholders carried out a riotous operation.
It turned out that in the course of the litigation, Yang, a shareholder of the defendant company, quickly deregistered the company through summary procedures, in an attempt to evade punishment through this form. After the court judge found out, Yang said: "Yang claimed that the company was entrusted to another person to manage, and the cancellation of the company was not his intention", and admitted his mistake to the court.
It was precisely because of Yang's operation that the court changed Yang to the defendant in the case and participated in the litigation in accordance with the law. When the judge saw that Yang had a good attitude in admitting his mistakes, he facilitated the pre-trial mediation between Yang and Lao Liu.
However, during the mediation process, Yang made it clear: "I only give 150,000 yuan, and the score is given for two years, if I don't agree, the court should sentence it, anyway, I don't have a cent of property in my name!"
When Lao Lai's attitude was extremely tough, in order to allow Lao Liu to finally get compensation, the court could only try to do the ideological work of the creditor.
2. Compensation of 200,000 yuan
In the face of Yang's extremely tough attitude, the court judge could only explain to Lao Liu, who said: "If Yang does not have any property in his name, Lao Liu is likely to face the risk that the judgment will be difficult to enforce, and inform him that he has the right to apply for property preservation to protect his legitimate rights and interests." At the same time, the judge also explained the corresponding legal risks to Lao Liu.
Finally, after understanding and considering, Lao Liu submitted an application for property preservation in the lawsuit to the court, and the court froze Yang's personal account at the first time.
Yang, who had an extremely tough attitude, was completely panicked when he saw that there were "in" and no "out" of money in the bank card. This time, he took the initiative to find Lao Liu and the judge, and expressed his willingness to mediate as soon as possible.
In the end, the two parties reached a mediation agreement in court, and Lao Liu demanded that all losses and follow-up treatment costs caused by work-related injuries be dealt with in a package, and Yang paid a one-time payment of 200,000 yuan in court. After receiving the compensation that he had waited for nearly three years, Lao Liu immediately submitted an application for lifting the property preservation, and the court lifted all the preservation measures against Yang in accordance with the law.
So when we look at the whole incident in reverse, we must be clear about some extremely important points, so that we can protect our own rights and interests when we encounter these situations.
First of all, creditors must be clear that there are two main types of liability in a company, one is a limited liability company and the other is an unlimited liability company. Debt disputes arising from a company will generally be limited to the scope of the company, and will not have much connection with the company's legal persons and shareholders. For example, Gome Film, Evergrande Group and other companies collapsed, but it did not affect the assets under the names of Huang Guangyu, Xu Jiayin, Ding Yumei and others.
In a limited liability company, if the company has no assets in its name, but the registered capital of the company is subscribed, then the company encounters a debt dispute, and the company's shareholders need to make up the funds that should be subscribed.
Therefore, whether we are looking for a job or business cooperation, we must find a company with a high registered capital as much as possible, and try to find out the information of each shareholder as much as possible.
For example, if a company is a limited liability company, and the registered capital subscribed by the company is only 50,000 yuan, and you encounter a work injury at work in the company, the court rules that the company should compensate you 500,000 yuan. However, there are no assets under the company's name, so even if the company needs to pay you 500,000 yuan, the company currently only has 50,000 yuan of registered capital, and after the shareholders make up the 50,000 yuan, they have nothing to do with the shareholders.
In other words, even if the boss has 500 million yuan in his family, and the court rules that the company will pay you 500,000 yuan, you can only get 50,000 yuan at most.
Therefore, to a certain extent, the registered capital of the company is the final guarantee for employees and partners. Friends who don't know how to look at the registered capital can inquire through the software network such as Qichacha and Aiqicha.
3. Last resort
When facing disputes such as personal debt disputes and enterprise-related compensation, creditors must learn to grasp the relevant information of the debtor more likely.
Especially in the case of business cooperation (such as decoration and buying a certain service), in order to prevent the other party from running away, the creditor must get a copy of the ID card of the person in charge of the company as much as possible, so as to get more favorable conditions for himself in the follow-up legal proceedings and debt collection links, and get the debts or compensation he deserves as soon as possible.
After encountering debts and compensation disputes related to the enterprise, the creditor can also use the characteristics of the company to add the person subject to enforcement to increase the possibility of repayment. There are 6 additional possibilities.,If you don't know, you can look at the content of the previous issue or ask Brother Mata.。
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!
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