In recent years, there have been more and more lawsuits caused by private lending disputes, and although many creditors have won lawsuits, they are facing the debtor's "hiding from cats" and no property, which makes it difficult to fulfill their claims. In order to effectively protect the legitimate rights and interests of creditors, the zhuhai Xiangzhou court enforcement officers flexibly use various enforcement means, whether the debtor is deliberately calculating to settle debts, or really economic difficulties, the enforcement officers can "tailor-made" and urge the debtor to cooperate with the implementation and repay the loan according to the contract.
The promise is as light as a hair, and the retreat is regretted
Zhuo and Peng had a dispute over loans, and in August 2020, after mediation presided over by the Xiangzhou Court, the two reached a repayment agreement, and Peng had to repay more than 2.2 million yuan in arrears to Zhuo. Because Peng did not perform his obligations in accordance with the mediation statement, in October 2020, Zhuo applied to the Xiangzhou court for compulsory enforcement.
After the case entered the enforcement procedure, the enforcement officers found the property under Peng's name through network investigation and control, and posted legal documents such as auction rulings and relocation announcements at Peng's real estate, ordering him to relocate within a time limit.
Peng said that his family lives in the property, and there are octogenarian mothers and students who need to be taken care of and cannot be relocated. The enforcement officers considered Peng's practical difficulties and decided to suspend the compulsory clearance measures. At the beginning of April 2021, under the witness of the enforcement officers, Zhuo and Peng voluntarily reached an enforcement settlement agreement, but after only paying part of the interest, Peng no longer performed in accordance with the agreement.
In May 2021, the enforcement officer communicated with Peng again, and although Peng promised to perform immediately, he did not take any actual action. Subsequently, Peng proposed a new repayment plan, and repeatedly took the initiative to report the repayment progress to the executive police: "All interest was paid at the end of June", "All the interest has been negotiated with the applicant" "I am looking for relatives to buy my house, can I postpone it for a few days..." However, when the executive police asked Zhuo whether he had received the payment, Zhuo said: "Except for receiving part of the interest at the beginning, all of Peng's promises have not been fulfilled." ”
In the face of Peng's repeated changes after repeated promises, the enforcement officers decided to increase the enforcement efforts, delivered the "Notice of Compulsory Auction of Real Estate" and the "Notice of Vacation" to Peng through the SMS platform, and quickly took compulsory clearance measures against his residence.
Faced with the dilemma of "having a home and not returning", Peng realized the urgency of the problem. On August 17, 2021, the enforcement officers summoned Peng again, sternly reprimanding him for his repeated changes in the course of enforcement, and explaining the serious legal consequences that he would face if he refused to cooperate with the court's enforcement work. In the end, Peng paid the remaining full amount two weeks later. After the case was successfully resolved, Zhuo sent a pennant to the Xiangzhou court.
Pay back "procrastination", auction can "cure"
On June 9, 2021, Mr. Li and Mr. Guo reached an agreement through mediation presided over by the Xiangzhou Court, stipulating that Mr. Guo would repay MR. Li with RMB35,900 and interest before June 19, 2021. Because Guo did not perform, Li applied to the Xiangzhou court for compulsory enforcement.
After the case entered the enforcement procedure, the enforcement officer issued an enforcement notice and a property reporting order to Guo, and seized a Heavy Truck with a Guangdong C license plate under his name. The enforcement officer learned that at that time, the two sides had signed a confirmation letter and handed over the car to Li for safekeeping.
The enforcement officer believes that although Guo has not actually repaid the loan, he is willing to hand over the truck to Li for safekeeping, speculating that he should have the ability and willingness to repay. Therefore, the enforcement officer did not immediately start the vehicle disposal and realization procedure, but first contacted Guo by telephone to explain to him that if he did not repay the money according to the contract, his truck would be judicially auctioned, and he himself would also be included in the list of dishonest executors, and travel and consumption would be restricted. After Li learned of the above serious consequences, he decided to raise funds to repay the debt as soon as possible.
On July 31, 2021, Li submitted an application for closing the case to the Xiangzhou court, indicating that Guo had fulfilled his repayment obligations and that he had returned the truck to Zhao. The case took only 3 days from the time of filing and implementation to the successful settlement.
Li sent a letter of thanks to the enforcement officers: "Thank you to the judge for providing me with fair, rigorous, high-quality and efficient services in the process of handling the case, and I am also very grateful to your court for cultivating excellent judges with good professional qualities, putting themselves in the shoes of the people, and putting the interests of the people first!" ”
Since the beginning of this year, the Executive Bureau of the Xiangzhou Court has effectively transformed the results of party history study and education and team education and rectification into practical work, solidly carried out the practical activities of "I do practical things for the masses", continued to increase the enforcement of various cases, and the number of cases concluded has increased significantly compared with the same period last year, and a total of 21 pennants and thank-you letters have been received. The Executive Bureau of the Xiangzhou Court will continue to give play to the positive role of judicial protection of people's security, alleviating people's grievances, relieving people's worries, increasing people's profits, and promoting people's enjoyment, and continue to exert efforts to make long-term achievements and strive to solve the people's "urgent difficulties and worries" problem.
Text/Guangzhou Daily • New Flower City Reporter: Chen Zhijia
Photo/ Guangzhou Daily • New Flower City Reporter: Chen Zhijia
Correspondents: Xiao Huiyan, Qiao Mingyuan, Mao Yuning, Liang Qianwen
Guangzhou Daily New Flower City Editor: Yang Hongquan
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