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I think each of us hates the phenomenon of Lao Lai, and we don't want to stick to people like Lao Lai. If there is really a situation around us where the old man owes money and does not pay it back, and we win the lawsuit through legal proceedings, we can ask the court to enforce the judgment, which is the duty and responsibility of the court.
In today's society, our integrity has become more and more important. The reason why this situation occurs is because the old man often appears, which makes the trust between people drop to the freezing point.
When we win the lawsuit, we are still faced with the situation of not paying back, I think we can deal with it in the following ways:
1. After applying to the court for compulsory enforcement, there will usually be a period of time to perform the contract. During this period, the losing party needs to pay the corresponding compensation to the winning party in accordance with the judgment.
In the face of such a situation, we cannot use violence to recover our legitimate interests. Otherwise, it may change from the reasonable party to the unreasonable party.
The correct approach should be to apply to the court for enforcement; After obtaining the approval of the court, all the account assets of the person involved in the case will be frozen, and then these assets will be transferred directly to you.
2. Inclusion of the other party in the list of untrustworthy persons In view of the situation of rampant recklessness, our country has introduced corresponding management measures. Moreover, in such a situation, the court's bailiffs will take compulsory management measures against some old scoundrels.
The first is that they will be included in the blacklist of untrustworthy people and restrict their consumption and travel; Secondly, they may also be forced to comply with their relevant liability for compensation by means such as detention.
I think that under such circumstances, we can make Lai's scruples, so as to quickly fulfill their due liability and Yiwu.
Based on the above situation, it seems that when we are faced with an old man who owes us money and does not pay it back, we should seek help from the court and let them enforce the judgment.
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If the lawsuit has been won, it should be enforceable, that is, the assets in his name can be used to sell and then pay back your money first, you can consult the court.
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This kind of old man can make the court enforce the confiscation of the property and auction the property until the money is paid.
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If the lawsuit is won, Lai still hasn't repaid the money, so he can directly appeal to the court, apply for compulsory enforcement, freeze and auction all of Lai's property, and then pay off the debt.
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If the defendant does not repay the money after winning the lawsuit, the right holder may apply to the court for enforcement. The law stipulates that he must enforce effective judgments and rulings.
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You can apply for enforcement, and the court will generally support it, but only if you know what the other party has to enforce.
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Borrowing for the purpose of collecting interest is regarded as doing business, since it is normal to make money and lose money in business, don't talk nonsense, who understands whose affairs.
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If you refuse to perform after the court judgment takes effect, you need to bear the corresponding legal consequences. If you don't pay back the money you owe, you may face the following problems:
1. After the plaintiff files a lawsuit, he or she shall actively respond to the lawsuit and strive for a judgment favorable to him;
2. If the court judgment is unfavorable to oneself, perform it as soon as possible if there is the ability to perform;
3. After the court judgment takes effect, the plaintiff may apply to the court for compulsory enforcement, and the court will seal and freeze the property of the person subject to enforcement in accordance with the law;
4. If the person subject to enforcement has the ability to perform but refuses to perform, the court may include the person subject to enforcement in the list of dishonest persons, affecting the daily life of the person subject to enforcement.
5. Finally, the person subject to enforcement may be sentenced to criminal punishment for refusing to perform the effective judgment documents.
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Enforcement can be applied. After the court fails to repay the debt, after the court judgment takes effect, if the losing party still does not pay, the winning party can apply to the People's Court for compulsory enforcement. After the people's court accepts the application for compulsory enforcement, it will organize the enforcement of the defendant's relevant assets to repay the debt.
If the Lao Lai faction refuses to carry out the court's judgment, the circumstances are serious, and criminal responsibility may be pursued. Laws and regulations, legally effective civil judgments and rulings, as well as the property portion of criminal judgments or rulings, are to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property subject to enforcement is located. Legal basis:
Article 231 of the Civil Procedure Law: The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property being enforced is located.
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Legal Analysis: 1. Criminal liability can be pursued. Where there is property but refusal to enforce effective legal documents of the people's courts, and the circumstances are serious, it is suspected of a criminal offense. 2. An application may be made to the court for compulsory enforcement, and the court may employ methods such as restricting high consumption and joining the credit blacklist.
Legal basis: Article 313 of the Criminal Law of the People's Republic of China: Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given.
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The other party owes money can be divided into the following two channels, help each other privately, negotiate with him first to understand what the situation is, and collect relevant evidence to prosecute. There will be a set of borrowing processes with companies or banks, as long as you follow the process.
It's a matter of course to repay debts, and as for whether you want to repay your good friends, it depends on how friendly you are! If you don't care about the money, then your friend didn't pay it back, and I'm sure it's okay! Of course, your relationship with this friend is just average, and you need this money too, so let this friend pay it back!