In addition to "running away", transferring assets, concealing assets, and setting up multi-layer links, they can actually act and pretend to be innocent, and they can also splash and roll after acting failures.
Therefore, we can say that this group of old scoundrels is not only full of lies but also "versatile", and in order to be able not to pay back, it can be said that they will do everything to the extreme. Whether it is morality or laws and regulations, they have all been brutally trampled on by these shameless scoundrels.
Today, Brother Ma will tell you based on 2 real cases, if you encounter an old man possessed by a "drama spirit", how should the creditor protect his legitimate rights and interests, and how should he counter the other party and get back his own arrears?
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. Good Chinese girlfriends
The cruelty of reality lies in the fact that the better the relationship between two people, the more likely the other party is to backstab you, especially when the economic interests are large enough, feelings become the means of the violator, and the shackles of the damaged.
Recently, in an enforcement case tried by the Yanta District People's Court of Xi'an City, Shaanxi Province, this kind of human situation and backstabbing friends was vividly interpreted.
In 2014, Bai and Wu got acquainted, and the two soon became best friends who talked about everything, but the root of the bane began to be buried at this time. When the relationship between the two was good, Wu borrowed 3.1 million from Bai on the grounds that he needed capital turnover for business, and agreed to repay it within one year.
But what Bai didn't expect was that it was easy to lend money, but it became extremely difficult to get it back. A few years after the expiration, Bai often asked Wu for loans, but Wu kept writing "blank checks", but never fulfilled his due repayment obligations.
In the end, in desperation, Bai sued Wu to the Yanta District Court, demanding that Wu repay Bai's principal of 3.1 million yuan and interest of 680,000 yuan. However, because there were no assets available for enforcement under Wu's name, the case could not be enforced.
Even when the case could not be enforced, Wu always maintained a friend relationship with Bai, and created a "personality" for himself who is "not afraid of setbacks, works hard, and will definitely pay back the money owed", keeping Bai in the dark.
In January 2013, Wu reported to the Lantian County Public Security Bureau, saying that 440,000 yuan in cash had been stolen from his home. The public security organs quickly launched an investigation, and soon, the thieves were arrested and the case was solved.
Although the case was cracked, the public security officers and police became more suspicious of Wu, after all, how many people would have kept 440,000 yuan in cash at home instead of keeping it in a bank account? As the investigation deepened, the police officers discovered the identity of Wu's "dishonest person subject to execution" and suspected that the other party was hiding assets and evading execution, so the police contacted the court.
After the executive judge of the court came, Wu was stunned and admitted on the spot the fact that he had concealed 440,000 yuan in cash, but still said that he could not perform the effective judgment. Subsequently, the judge searched his belongings and residence, and another 10,000 yuan in cash and a Cadillac sedan were found.
But until this time, Bai didn't know that his best friend Wu had so much money in his name, and Wu was still unrepentant even in the face of hard facts, expressing his unwillingness to fulfill his execution obligations. Finally, the enforcement police decided to take him into judicial custody in accordance with legal procedures.
However, if someone cheats, there will inevitably be someone who cheats.
2, a good son of "drama spirit".
In the process of executing a maintenance dispute case in the Wuqiao County People's Court in Hebei Province, he met a "good son" possessed by a "drama spirit".
It turned out that in the maintenance dispute between Zhang Moumou and his father, the court ruled that Zhang Moumou needed to pay his father alimony every month. However, after the judgment took effect, Zhang Moumou refused to perform his obligations, and in desperation, his father applied to the court for compulsory enforcement.
However, whether it was the judge who communicated, reasoned, and explained to Zhang, worked hard to repair the relationship between the two parties, and carried out ideological work, or also explained to Zhang that the consequences of refusing to perform, and that compulsory measures such as compulsory detention and listing as a dishonest person subject to execution would be taken to urge him to perform, Zhang Moumou delayed his performance on the grounds of lack of money, and his attitude was very tough, and he expressed his dissatisfaction with his father.
Moreover, during the judge's last mediation process, Zhang Moumou resisted enforcement by shouting and sitting on the ground. He ignored the judge's warning, and escalated to resist enforcement by hitting the wall, rolling, splashing, crying, etc.
In view of Zhang's use of violence and deception to resist enforcement, the local court made a decision to detain him for 15 days in accordance with law.
But in the process of escorting Zhang Moumou to the county people's hospital for a physical examination, accompanied by the bailiff and the enforcement police, the person subject to execution claimed that he had a headache, weakness, and an uncomfortable heart...... Ask family members to send medicine, etc. However, in the hospital diagnosis, it turned out that Zhang Moumou was in normal health and met the conditions for detention.
After seeing that his performance was exposed and he was about to be detained, Zhang Moumou expressed his willingness to fulfill his obligations, but he had no money. After the enforcement judge saw that Zhang Moumou wanted to delay time and evade punishment, he decisively took Zhang Moumou to collect information before detention, and sent Zhang Moumou to the detention center for detention.
It can be said that the essence of Zhang Moumou's drama has been vividly demonstrated in this execution contest, so how can our creditors protect their legitimate rights and interests after encountering all kinds of "strange drama spirits" debtors?
3. Safeguard their own rights and interests
If we encounter such a "drama spirit" debtor, how can we protect our legitimate rights and interests?
First of all, if you encounter a situation of splashing and rolling and violent resistance when you are not accompanied by the enforcement police, you must record videos and other evidence as much as possible. At the same time, contact the enforcement judge or enforcement police as soon as possible, and if the debtor still rolls or violently resists at this time, then the enforcement court can detain him in accordance with the law.
Generally speaking, we are not afraid of violent resistance from the debtor, but we are afraid that the debtor will pretend to work hard to repay the money but still have the money.
Therefore, when we encounter a debtor who actively cooperates on the surface but never repays the money, we must try our best to enforce other assets in the debtor's name. More importantly, you must give full play to the subjective initiative of creditors and do not wait for the enforcement judge to help you find evidence.
Taking the first case as an example, if the debtor Wu was not stolen, or the police did not have an extra eye to notify the court, or the enforcement judge did not arrive in time, then Bai would not even be able to get the 450,000 yuan and a car.
Therefore, we must learn to find relevant evidence by ourselves and control the assets in the debtor's name, Bai in the years after Wu did not repay the money, the two still got along as friends, and they did not find that Wu had a vehicle under his name, so it can only be said that Bai is too simple.
In addition, in the face of large losses, try to stop losses when you can stop losses, don't expect the other party to be able to pay you back slowly in the future, there are such people, such as Luo Yonghao. But such people, so it is necessary to use enforcement and other means as soon as possible.
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, Brother Mata still has to advise everyone to be cautious when encountering large amounts of loans, and never lend large amounts of money because of friend feelings and high interest returns. At present, large loans are the most likely to go wrong, because when the benefits are big enough, many people dare to trample on the law, let alone you.
Someone killed a creditor for 7.5 million, someone designed a serial asset transfer bureau for 4 million, and it is dangerous to borrow large amounts, you want other people's interest, and others may be plotting your principal. Caution!
Finally, friends who haven't followed Mata Brother yet, you can quickly follow Mata Ge!