Borrowing money is a technical job, and asking for debts is even more a technical job. Not only does the creditor need to know the debtor's whereabouts, but they also need to have a very detailed understanding of the assets in the debtor's name.
However, most of our creditors do not know what assets are in the debtor's name, or which assets in their name can be enforced. Knowing these will help creditors to more comprehensively investigate the assets in the debtor's name when they ask for debts, and help us get back our debts as much as possible.
Below, Brother Mata has summarized 22 types of enforcement measures for you, and understanding these will better help creditors get back their debts.
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. Funding
In the debt relationship, the court should first enforce the funds in the name of the debtor as much as possible, including our common deposits, income, etc., once the court discovers them, it will first inquire and directly freeze, transfer, withhold and withdraw them after verification.
For dividends or bonuses and other income that have not yet expired, the court will directly freeze and prohibit the judgment debtor from withdrawing them after expiration. At the same time, the court will prohibit the relevant paying enterprise or unit from paying to the person subject to enforcement. After the dividend or bonus expires, the court will directly skip the judgment debtor and withdraw it directly from the enterprise. To repay the debts of the person subject to execution!
Of course, in addition to the most convenient funds, there are also a large number of non-monetary funds, such as bonds, fund shares, etc. When the court discovers these properties, they will seal, seize, freeze, and then sell them for sale, auction, and finally compensation.
Similarly, in the case of stocks, the same will be done. In addition, stock trading is more common among young people and those with relatively wealthy income, so the court or creditors should not miss it when looking for funds.
However, if the person subject to enforcement enjoys the equity or investment income of a third party, the court will freeze the income as soon as possible, require the holder not to go through the procedures for the transfer of the frozen investment rights or interests, and at the same time require the relevant unit or company not to pay dividends or bonuses to the person subject to enforcement, and the person subject to enforcement shall not transfer it on its own. The court will then auction, sell, or forcibly transfer the equity or investment interest, and finally use the enforcement proceeds to pay off the relevant debts.
In addition, in addition to financial assets, the court will also enforce other assets.
For the immovable property that has been delivered in the debtor's name, the court will compel the debtor to move out of the house, withdraw the land, and deliver the house and land to the executor, or the court will auction or sell the immovable property. The proceeds of the auction are then used to pay off the debts owed to the debtor.
For movable property to be delivered to be determined, the court will require the person subject to enforcement to hand it over compulsorily, but if the original property has indeed been damaged or lost, it can be compensated at a discount with the consent of both parties; However, if the parties cannot reach an agreement, the court will eventually terminate the enforcement proceedings. At this time, the applicant for enforcement may file a separate lawsuit to protect his legitimate rights and interests.
If it is a movable property or ticket of the type of delivery, the court will require the person subject to enforcement to compel the surrender; If the holder has already transferred, the court will require the person subject to enforcement to recover it within the time limit. If it has not been recovered within the time limit, it shall bear the corresponding liability for compensation.
After understanding the above-mentioned assets that can be enforced by the court, for creditors, it is necessary to have a certain degree of vigilance when communicating with the debtor or lending, and must pay attention to collecting corresponding information or evidence. When the debtor fails to fulfill his or her responsibilities in accordance with the law, the creditor should also know what kind of punishment they will face in order to deter the other party.
2. Safeguard measures
If the debtor fails to perform the obligations set forth in the legal document and hides the assets, then the enforcement judge or lawyer may apply to the court for a search warrant to search the person subject to enforcement and his residence or property.
It should be noted here that if the creditor does not obtain the relevant search warrant, the debtor's home is searched, although in practice most of the operations are carried out, but this is not legal. In other words, some illegal debt collection methods, everyone still try not to touch.
In the process of enforcement, the procedures for the transfer of property rights/certificates/licenses need to be handled if the court issues a notice of assistance in enforcement to the relevant unit, then the unit must handle it. Otherwise, the relevant person in charge of the unit will also be punished by law.
If the person subject to enforcement fails to perform its obligations in a timely manner in accordance with the legal documents, then the interest on the debt during the period of delayed performance will be doubled, and the delay in performance will also be paid.
The court has already taken enforcement measures, but the person subject to enforcement is still unable to repay the debt. On the one hand, the court will require the person subject to enforcement to continue to repay the debt, and on the other hand, the creditor will have to exert its subjective initiative and take the initiative to find clues about the assets in the debtor's name.
In this case, on the one hand, the court will require the debtor to report the current and the property situation of the year before the date of receipt of the enforcement notice; At the same time, restrictions on leaving the country, recording in the credit reporting system, media exposure, restrictions on spending, inclusion in the list of judgment defaulters, and making it public.
Finally, for debtors who refuse to perform, the court may impose fines and detention; Where the circumstances are particularly serious, the procuratorate may initiate a public prosecution for the crime of refusing to enforce a judgment or ruling, or the creditor himself may initiate a private criminal prosecution.
3. Last resort
Whether it is sealing, seizing, or freezing, the court will adhere to the principle of people-oriented, and will keep the basic living materials for the debtor, not to say that it will enforce as much as it wants.
Moreover, the court will actually encounter a lot of problems when enforcing it. For example, insufficient manpower and insufficient law enforcement power will greatly restrict the court's enforcement, so it is impossible for the court to achieve the same effect as the public security organ in investigating the case. Most enforcement cases, if not in very good condition, go to finality.
Therefore, in order to get their debts back smoothly, the creditor should actively exert his subjective initiative and find clues and evidence that the debtor has assets in his name through various methods, so that the debtor can repay the money 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, 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! Recovering debts is not only the responsibility of the court, but also the responsibility of creditors. If the creditors don't take the initiative, who will take the initiative to help you? The litigation fees and compulsory fees charged by the court are not fees charged for market transactions. So, everyone must understand!
Finally, friends who haven't followed Brother Mata yet, you can hurry up and follow Brother Mata! Friends in need can also like, favorite, and retweet this tweet.