Can repayment be negotiated after enforcement

Legal analysis]: Court enforcement can negotiate repayment. Court enforcement can be negotiated for repayment, the court is already enforcing it, you can negotiate with the bank, the two parties reach a repayment agreement, the court can not enforce according to the agreement reached by both parties, if you can't reach an agreement, then the court will enforce it.

Legal basisArticle 236 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

How to negotiate repayment after it is enforced.

1. The debtor looks for the enforcement judge, describes his situation to the enforcement judge, and expresses his intention to negotiate repayment.

1) In fact, after the creditor sues the debtor to the court, the court will not immediately enforce the judgment. Under normal circumstances, the court will give priority to the parties to conduct out-of-court mediation and conduct a negotiation on the arrears to see whether the debtor has sufficient willingness to repay the loan and whether the creditor can accept the negotiated installment repayment plan.

2) After the court enforces the debtor, it also has an opportunity to negotiate repayment, and the debtor finds the enforcement judge, tells the enforcement judge about his situation, and expresses his willingness to negotiate repayment, and the court will organize the two parties to conduct out-of-court mediation again;

3) However, it should be noted that if the creditor does not accept the negotiation of installment repayment, the court is also powerless, if the debtor has the ability to enforce, the court will enforce it, and if the debtor is unable to execute, the court may suspend the enforcement procedure;

4) If the creditor accepts the repayment in installments, it is recommended that the debtor should pay off the arrears within 3 years, according to the relevant laws and regulations, the statute of limitations or enforcement of private loans is three years, and in most cases, the creditor may accept the repayment within three years.

2. Legal basis: The enforcement of Article 228 of the Civil Procedure Law of the People's Republic of China shall be carried out by the executive. When compulsory enforcement measures are taken, the enforcement officer shall present his or her certificate.

After enforcement is completed, a record shall be made of the execution and signed or sealed by the relevant persons present. The people's courts may establish enforcement bodies as needed.

2. How to mediate with the court of installment repayment:

1. Regarding the installment repayment of the mediation by the court, the mediation agreement shall be confirmed by the court and served on both parties to have legal effect. If the other party refuses to perform the obligations agreed in the mediation agreement, it may apply to the court for compulsory enforcement. According to the provisions of the Civil Procedure Law, the parties must perform a legally effective mediation agreement, and if one party refuses to perform, the other party may apply to the people's court for enforcement.

1. Can I negotiate repayment after enforcement?

1. After the court enforces the repayment, it is possible to negotiate the repayment. The court is already enforcing the loan, and the borrower can negotiate with the bank and loan institution, and the two parties can re-sign the repayment agreement, and the court can not enforce it according to the agreement obtained by both parties, and if the agreement cannot be reached, then the court will enforce it.

2. Legal basis: Article 246 of the Civil Procedure Law of the People's Republic of China.

The period for the execution of the application is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.

The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where legal documents provide for performance in installments, it is calculated from the date on which the last period for performance expires; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

Article 245.

If one party fails to perform on a creditor's right document that has been given compulsory enforcement effect by a notary public in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court receiving the application shall enforce it.

If there is a mistake in the notarized creditor's rights document, the people's court shall rule not to enforce it, and send the ruling to both parties and the notary public.

2. What are the conditions for applying for compulsory enforcement?

The conditions for applying for enforcement are as follows:

1. The application for the execution of the legal documents has taken effect;

2. The applicant for enforcement is the right holder or its heir or successor determined by the effective legal documents;

3. The applicant for execution shall submit the application within two years of the effective date of the legal document;

4. The legal document for application for enforcement has the content of payment, and the subject of enforcement and the person subject to enforcement are clear;

5. The obligor fails to perform its obligations within the time limit determined by the effective legal documents;

6. It is under the jurisdiction of the people's court subject to the application for enforcement.

Court enforcement can be negotiated for repayment, the court is already enforcing it, you can negotiate with the bank, the two parties reach a repayment agreement, the court can not enforce according to the agreement reached by both parties, if you can't reach an agreement, then the court will enforce it.

Civil enforcement, also known as civil compulsory enforcement, refers to a litigation activity in which the enforcement organization of the people's court uses the coercive power of the state to compel the party with the obligation to perform its obligations when it refuses to perform its obligations, so as to realize the content of effective legal documents.

Where the person subject to enforcement or the property subject to enforcement is in a foreign area, the local people's court may be entrusted to enforce the law on their behalf.

After receiving the letter of entrustment, the entrusted people's court must begin enforcement within 15 days and must not refuse.

Extended information: Civil enforcement, also known as civil compulsory enforcement, refers to a litigation activity in which the enforcement organization of the people's court uses the coercive power of the state to compel a party with obligations to perform its obligations when it refuses to perform its obligations, so as to realize the content of effective legal documents.

Characteristics of enforcement.

First, enforcement is only an act carried out by a State organ.

The executive power is a public power of the state, which can only be exercised by state organs, and cannot be exercised by other units or individual citizens. In China, the state organ exercising the power of enforcement is the people's court.

Second, the people's courts must be based on effective legal documents in carrying out enforcement activities.

This is actually determined by the purpose of the civil enforcement proceedings.

Third, the enforcement activities of the people's courts are mandatory.

Fourth, the people's courts' enforcement activities must be carried out in accordance with legal procedures.

Elements of Enforcement.

"Enforcement entity" refers to a person who, in the course of civil enforcement, enjoys rights and bears corresponding obligations in accordance with law, and can cause the occurrence, modification or termination of enforcement procedures.

The enforcement entity includes the enforcement agency, the enforcement party and the enforcement participant.

The parties to the enforcement are the obligees and obligors determined by the enforcement basis.

Among them, the right holder refers to the person who enjoys the right according to the enforcement basis, and is called the applicant for enforcement in the application for enforcement.

The obligor refers to the person who has the obligation to pay according to the basis of enforcement, and the obligor is also known as the person subject to enforcement or the enforcement obligor.

The subject matter of enforcement, also known as the object of enforcement and the object of enforcement, is the object of the court's enforcement work.

According to the provisions of the Civil Procedure Law, in China, it can be the subject of enforcement, it can be property, or it can be an act, but the person cannot be the object of enforcement.

"Enforcement basis" refers to the various legal documents on the basis of which the enforcement organ takes civil enforcement measures. The basis of execution is also known as the notional of execution and the nominal of debt.

Enforcement jurisdiction, also known as enforcement case jurisdiction. It refers to the division of labor and authority between the people's courts to accept enforcement cases.

Hello dear, yes, you can still negotiate and mediate at the stage of being executed.

Questions. Do you go to the court to negotiate with the enforcement judge?

You go to the enforcement judge, talk to the enforcement judge about your situation, and express your desire to negotiate repayment. Usually, the court will also organize the parties to conduct out-of-court mediation again.

Questions. The arrears of 100,000 yuan, 30,000 yuan have been deducted by the court, and 70,000 yuan is still owed, and the court has issued a compulsory enforcement notice for four days, can I negotiate with the court to repay the loan in installments in these two days?

You can ask an executive officer for help.

But whether it succeeds or not depends on whether the other party agrees or not.

If not, the courts will not.

Questions. If the plaintiff does not agree to repay the loan in installments, and I have no enforceable property and funds in my name, will the court detain me?

It depends on how things go.

I can't make sure of that right now, dear.

Usually, if the enforcement judge does not find any of your other assets, he will negotiate an extension or installment.

OK.

As for the provisions on whether the court can still negotiate if the court enforces the law, when the other party applies for enforcement, the court will generally organize a settlement during the enforcement process. If the other party agrees, you can. If the other party doesn't agree, it's not okay.

How to apply for enforcement:

If one party refuses to perform on an effective court judgment or arbitral award, the other party may apply to the people's court for compulsory enforcement. The following issues need to be noted:

1. The application should be made within 2 years.

2. Submit an application for enforcement, which will be accepted by the court of first instance and enforce it;

3. There is no need to pay the application fee for enforcement.

4. Provide clues about the property of the person subject to enforcement, which is conducive to the smooth execution of the judgment.

After being enforced by the court, the respondent can also negotiate with the applicant to repay the loan. In accordance with the relevant provisions of China's current Civil Procedure Law, if the person applying for enforcement and the person subject to enforcement reach a settlement agreement and request to suspend enforcement or withdraw the application for enforcement, the people's court may rule to suspend or terminate enforcement.

Article 400 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (2020 Amendment) is 66 high.

Where the person applying for enforcement requests to suspend enforcement or withdraw the application for enforcement after reaching a settlement agreement with the person subject to enforcement, the people's court may rule to suspend or terminate enforcement.

If it is enforced by the court, if it is unable to repay now, it can negotiate with the court to repay the loan in installments, or you can negotiate with the plaintiff to repay the loan and lift the enforcement.

Legal basis: Article 242 of the Civil Procedure Law of the People's Republic of China stipulates that if the person subject to enforcement fails to perform the obligations determined in the legal document in accordance with the enforcement notice, he shall report the current property situation and the property situation of the year before the date of receipt of the enforcement notice.

Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

Article 243 of the Civil Procedure Law of the People's Republic of China stipulates that if the person subject to enforcement fails to perform the obligations determined in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained.

When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.

Article 244 of the Civil Procedure Law of the People's Republic of China stipulates that if the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.

The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

Article 254 of the Civil Procedure Law of the People's Republic of China stipulates that if the person subject to enforcement is still unable to repay the debts after the people's court has adopted the enforcement measures provided for in articles 242, 243 and 244 of this Law, it shall continue to perform its obligations. If the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time.

Hello dear, after being enforced by the court, the respondent can also negotiate with the applicant to repay the loan. In addition, according to the relevant provisions of the current Civil Procedure Law of China, if the applicant for enforcement and the person subject to enforcement reach a settlement agreement and request to suspend the enforcement of the honor or withdraw the application for enforcement, the people's court may rule to suspend or terminate the enforcement. Article 466 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of the People's Republic of China (2020 Amendment) Article 466: Where the person applying for enforcement and the person subject to enforcement reach a settlement agreement and requests a request to suspend enforcement or withdraw the application for enforcement, the people's court may rule to suspend or terminate enforcement.