If the old man actually has money, but transfers the money through various asset transfer methods, resulting in no assets in his name, and finally refuses to fulfill the repayment obligation, the creditor wants most whether the court will send the case to the public security organ, and the public security organ will collect evidence, and then the public prosecution will file an appeal and send the debtor to prison.
The best thing is to force the debtor to repay the money through sentencing, and after the debtor pays the money, he can also receive certain legal penalties to punish the debtor's refusal to perform.
Next, Brother Ma will tell you about the circumstances under which the old man can be sentenced and what are the conditions for sentencing? What preparations should the creditor make? When the public security organ refuses to accept the crime of refusal to execute, how can the creditor let the old man be sentenced? How should the creditor protect his 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. The crime of refusal to prosecute
Brother Ma has been saying that the biggest motivation for an old man to take the initiative to repay the money is the punishment he receives, and if the punishment is greater than the funds he relied on, then he will take the initiative to spend money. For example, in Mozhugongka County, Lhasa City, Tibet Autonomous Region, Hu decided to take the initiative to repay the money because he was prosecuted.
In 2022, because Hu did not fulfill the remaining debt of 640,000 yuan to a venture capital company in Tibet in accordance with the court judgment and the settlement agreement, the company applied for an application for resumption of enforcement. In the process of resuming enforcement, the court found that after Hu rented a house in the name of a venture capital company in Tibet, he collected a large amount of rent in the process of subleasing, but the rent was not used to perform the obligations determined in the effective legal documents, but "disappeared".
Later, through multiple visits and verifications by the enforcement cadres and police, it was learned that Hu had transferred and concealed property, so it was determined that Hu's conduct was "capable of enforcement but refusing to execute".
So the court transferred Hu to the public security organs, and then the public security organs transferred him to the public prosecution after investigation, and finally the Mozhugongka County People's Procuratorate prosecuted Hu for "refusing to execute a judgment or ruling".
On April 2 this year, the local court held a trial, Hu pleaded guilty and accepted punishment in court, and fulfilled the debt of 150,000 yuan, and promised the court that the remaining debt of 490,000 yuan would be fulfilled in two installments before the verdict was pronounced and within 2 months after the verdict was announced, and the court would also announce the judgment at a later date depending on Hu's performance.
Like Hu Moumou in Tibet, Yin Moumou from Yuetang District, Xiangtan City, Hunan Province, who was about to be sentenced, also repaid the money.
In 2011, Zhang's mother, Feng Moumou, went shopping in a supermarket, and was hit on the head by a steel pipe falling from the construction site of the exterior wall when she walked to the door of a shop in Yuetang District, resulting in a coma on the spot, which constituted a first-class disability (vegetative person) after judicial appraisal.
Therefore, the court ruled that the construction unit needed to compensate Feng Moumou for various losses totaling more than 130 yuan, but the company no longer performed its obligations after paying 560,000 yuan.
In 2016, Zhang had no choice but to apply to the court for compulsory enforcement, but the court enforcement police found that there was no transaction information on the company's account, and the company's legal person Yin Moumou did not have any fixed assets under his name. When Yin Moumou was investigated, he was extremely cooperative and claimed that he would pay compensation as soon as possible, but two or three years after the incident, Yin Moumou's loss of money is still unmoved.
In May 2019, the court decided to detain Yin, but he was unwell and did not meet the conditions for detention. After that, Yin Moumou hurriedly moved the company away from the original site, and the court could not find it, and in July of that year, Feng Moumou also died because of ineffective treatment.
In June 2023, things finally took a turn for the better, and the enforcement police received news that the stone company had issued an invoice. Subsequently, the executive police officer Shun Teng finally found Yin's transaction partner and confirmed that he had business income. And Yin Moumou created the illusion that the company had no property through the form of "extracorporeal circulation", and achieved the purpose of refusing to execute.
In December of the same year, Yin Moumou was arrested by the public security organs. In the end, because he was afraid of the punishment for refusing to carry out the judgment and ruling, Yin's family sent 258,000 yuan of execution money on the same day.
2. 1 year imprisonment
Some people are forced to repay the money because they are afraid of the crime of refusal, and some people are punished by the law for refusing to pay the money.
Tang, a villager in Xiushui County, Jiangxi Province, did not repay the money because he owed money, and delayed and prevaricated many times, and the creditor Zhang filed a lawsuit with the local court in 2020, and the court ruled that Tang should repay the loan and the corresponding interest, totaling 577,000 yuan. After the judgment took effect, Tang still did not fulfill his obligations.
In desperation, Zhang applied to the court for compulsory enforcement, and after the enforcement was filed, Tang not only still refused to perform, but even refused the baby's property. As a result, in October 2021 and January 2022, the local court successively took judicial detention measures against Tang, and again required Tang to report his assets.
However, Tang still refused to report the property and did not take the initiative to fulfill the corresponding repayment obligations, but the local court also implemented 46,900 yuan through deductions and other measures.
Later, through the court's investigation, it was found that Tang had a large-amount transaction record on WeChat from June 2019 to August 2023, but he did not fulfill his repayment obligations to Zhang in accordance with the civil judgment.
As a result, in September 2023, the local court issued a "Notice of Suspected Refusal to Execute" and decided to take him into judicial custody for the third time. At the same time, Tang was required to take the initiative to perform and declare his assets, but Tang still refused to perform, and the court transferred the clues of Tang's suspected refusal to execute the crime to the public security organs for investigation in accordance with the law, and auctioned the vehicle under Tang's name in November of that year.
Finally, the court held that the defendant Tang's refusal to perform on the judgment or ruling of the people's court was serious, and his conduct constituted the crime of refusing to enforce the judgment or ruling, and sentenced him to one year imprisonment.
Although the above three cases have been perfectly executed, there are still a large number of cases that will be delayed indefinitely because of the debtor's refusal to execute.
3. Last resort
Creditors must first be clear that such cases can be broken as news, which shows that such things are rare in reality, and we see that in these cases, there will be words such and such as providing clues or the court getting clues.
In other words, if the debtor refuses to repay the money, if the creditor wants to use the crime of refusal to deter the other party, it must actively help the court to find evidence that the other party has assets in his name or transferred assets. At the same time, repayment is always a long-term and arduous project, and it is not possible to get the corresponding arrears after appealing, so you must be mentally prepared.
If, when the court transfers the case, the public security organ refuses to file the case on the grounds that the evidence is insufficient and does not file the case, the creditor can also file a criminal private prosecution, but the corresponding evidence must be prepared when the criminal private prosecution is conducted. Don't rely on evidence that you think, speculate, etc.
In addition, I also remind everyone once again that there are too many cases of borrowing money and not repaying it, and everyone must control the proportion of the loan in the total assets of the family when borrowing, and must not seriously affect their lives because the other party does not repay after borrowing.
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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