The man did not pay child support, tried his best to avoid enforcement, and finally exposed his tracks because of a car

Beijing Daily client

2024-05-08 23:34Published on the official account of Beijing Daily client in Beijing

He did not pay child support, and after losing the lawsuit, he refused to fulfill the judgment, and tried his best to evade the court's enforcement. Recently, the executive judge of Haidian Court confirmed the ownership of the Mercedes-Benz through road monitoring and successfully concluded the case.

Ms. Li, the mother of the executor, lives with Mr. He and has a son, Xiao Li. After the two parties broke up, He failed to fulfill his father's responsibilities, and Xiao Li sued He to the court for alimony, and the Haidian court ruled that He should pay 800 yuan per month for alimony. With the growth of children, various expenses such as living and learning continue to increase, and the monthly maintenance fee of 800 yuan seems to be stretched. Moreover, He did not pay child support on time, so that Xiao Li had to file a case for enforcement many times. According to statistics, since 2014, Xiao Li has applied for enforcement 18 times to require He to pay child support. In 2022, Xiao Li sued He again, demanding that he pay a lump sum of child support from 2022 to adulthood. In the same year, the Haidian court ruled that He should pay Xiao Li a lump sum of 85,500 yuan in child support from July 2022 to July 2027 according to the standard of 1,500 yuan per month. After the judgment took effect, He did not perform in full, and Xiao Li applied to the court for compulsory enforcement in accordance with the law.

After accepting the case, the Haidian court issued an enforcement notice and a property reporting order to He in accordance with the law, ordering him to perform the obligations determined by the effective legal documents, but He failed to perform and did not truthfully report the property to the court. The enforcement judge tried to contact He X several times through phone calls, text messages, etc., but to no avail. According to the clues provided by the applicant for enforcement, the enforcement judge visited He's residence on the spot and found that only his mother was at home in the house, and when asked about He's whereabouts, He's mother said that "I don't know, I don't know, and I can't manage it."

Because He refused to perform the obligations of the effective legal documents, the court took measures to restrict high consumption against him in accordance with the law. After investigation, it was found that except for a Mercedes-Benz car, the person subject to enforcement had no real estate registration in his name, and there was no property available for enforcement such as WeChat, Alipay, and bank accounts. Therefore, the Mercedes-Benz car under He's name may be a breakthrough in the enforcement of this case.

To this end, Executive Judge Han Yiqiang quickly went to the vehicle management office, seized the vehicle, and at the same time inquired about the status of the vehicle, and found that there was no mortgage on the vehicle. After the seizure of the vehicle, how to find the whereabouts of the vehicle and seize it is the key to the enforcement of movable property. After obtaining the vehicle's driving records, the enforcement judge found that the vehicle had only two or three driving records within a year, which was not sufficient to determine the scope of the vehicle's activities. The judge informed Ms. Li of the situation, and Ms. Li said that she had a certain understanding of He and would go to He's activity area to look for it.

Finally, Ms. Li determined the location of the vehicle after multiple searches and informed the judge. However, when the judge arrived, he found that the Mercedes Benz did not have a license plate, which is the main basis for identifying the vehicle. In this regard, Ms. Li explained: At that time, she was looking for the whereabouts of the vehicle nearby, and happened to bump into He Mou who wanted to install the license plate on the car, so it was inferred that the license plate should have been removed when parking.

After listening to Ms. Li's explanation, the enforcement judge looked for the vehicle identification number under the main driver's glass, but the vehicle identification number also "happened" to be obscured by a piece of paper. Although the make, model, color, and appearance of the vehicle are basically the same as the registration information, these are still not enough to prove that this is the car under He's name.

Since the identity of the vehicle could not be determined for the time being, the Mercedes-Benz of the person subject to enforcement seemed to "disappear" under the nose of the enforcement judge.

At this moment, the enforcement judge noticed that there were many surveillance cameras distributed on the side of the road, and thinking of Ms. Li's words just now, the enforcement judge believed that He must have been photographed when disassembling and assembling the license plate, and the road surveillance video could be retrieved to determine the identity of the car. Sure enough, by checking the surveillance, it was found that the vehicle was mainly driven by the person subject to execution, He, and the monitoring also showed the picture of He disassembling and assembling the license plate. At the same time, Ms. Li also provided the judge with a photo of the Mercedes-Benz when it hung its license plate, and after comparison, the external features of the vehicle at the scene, such as damage marks, were basically consistent with the photos. At this time, the executive judge was already convinced that the unlicensed car in front of him was a Mercedes-Benz car registered in He's name.

Subsequently, the enforcement judge seized the vehicle and posted the seizure ruling in the community where the person subject to enforcement was located. Soon, the person subject to enforcement, He, took the initiative to contact the enforcement judge, admitted the mistake and said that he would pool money to pay child support as soon as possible.

At present, He has paid the full amount of the case to the court, and the actual execution of the case has been completed. The public security organs are investigating He's failure to hang the license plate in accordance with traffic regulations.

Source: Beijing Daily client | Reporter Gao Jian Correspondent Li Zhen

Editor: Wang Haiping

Process Editor: Guo Dan

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