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In fact, there is relevant legal support for this practice, if you become a laid-back, you can use the balance in your provident fund account as a cost to repay debts, and the balance in this account can be enforced. It includes not only the funds deposited by individuals, but also the ** contributed by the work unit, and if the person included in the execution does not have any property, these provident funds will become the standard for enforcement.
In addition to the above, the fund settlement account for commodity transactions under the name of the person subject to enforcement is also included in the scope of inquiry, and in the process of implementing enforcement, the nature of the funds in these accounts should be ascertained, and the purpose of this is to distinguish some of the funds of the person subject to enforcement in the account, and to understand which are the funds of the person subject to enforcement, which are the funds of the person subject to enforcement, which are the funds of the customer, and so on.
In addition to the value of the above funds, the financial wealth management products invested in the name of the old man are also executable, since these investment and wealth management products belong to the person subject to enforcement, these properties also belong to a type of liability property, and the relevant departments can use this property as enforcement property. It is important to note that when you are listed as a reliever, the relevant authorities will not know whether you have the ability to repay.
Honesty is a virtue that every Chinese person should have, but in the era of rampant materialism, many people gradually lose this basic quality, not only do not pay back the money, but also often do some bad behavior. In order to restrain the behavior of these old scoundrels, it does not mean that they do not need to repay their arrears if they have no money, and the relevant departments will also strictly review them to understand whether there is a phenomenon of hiding assets.
For these law enforcers, the house, car and savings do not fully reflect all the wealth of a person, and they will complete the enforcement needs through professional means. Therefore, after being listed as an executor, all asset movements in your name may be investigated and punished.
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It is necessary to soberly see that the untrustworthy person has already transferred his property to his family and shareholders and relatives and friends (some have been transferred overseas) to form debts when he borrowed money, and it is necessary to link the dishonest person and his family and shareholders (relatives are included in the key enforcement targets) and enforce them together, and firmly adopt zero tolerance for the old lai who cheats and threatens law enforcement personnel, and the case funds that are firmly enforced must be cleared before November this year, and the loan must be repaid in a timely manner. It is necessary to double the punishment and restriction for the old lai who has exceeded the repayment deadline until the date of repayment of the debt, and firmly and effectively curb the signs of unhealthy tendencies of the old lai lai in terms of laws and regulations, so that the old lai can be exploited without any gaps, and purify the bad social atmosphere of the old lai. We must resolutely and thoroughly eradicate all unhealthy tendencies, resolutely carry forward the fine traditional virtues of the Chinese nation that borrowed money must be repaid in a timely manner without a time limit, firmly support China's fine traditional virtues, and firmly and effectively crack down on the protective umbrella. The execution of debts and repayment of debts shall be publicized to the public for supervision.
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This shows the irrationality of the law. Since there are no assets to enforce, the best solution is to let the old man earn money to pay off the debt, rather than trapping the old man with the height limit order, which is known to be the biggest obstacle for the old man to make money. Under today's big data and real-name system, whether to let the old lai go out to earn money and the court will always supervise or ignore the height limit and finally break the bowl.
Neither the return of high interests nor the court's completion rate has been lowered. However, the longer it drags on, the more interest it will generate for the court. Everything is easy to be uneasy and not easy to block, I hope the judges will think twice!
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It is strongly recommended that the national legislature include the conduct of the recumbent in the criminal law, so that the integrity of people can be strengthened. At present, at least 90 percent of the old people deliberately do not repay the money, and once they enter the criminal procedure for refusing to execute, the old man will take the initiative to repay the money. However, if the crime of refusal to execute is determined by the public security department to be inappropriate, the party concerned should directly apply to the people's court, and the court may determine whether the crime of refusal to enforce the crime is constituted on the basis of the enforcement materials of the Executive Directorate and the materials entrusted to the public security investigation.
It is also possible for the parties to apply to the procuratorate for the procuratorate to initiate a public prosecution, because it is more convenient for the procuratorate or the public security department to find the relevant evidence of the old man than the party concerned, and the evidence court can directly use it as the basis for the judgment. The only way to reduce the number of cases of refusal to enforce the law is to strengthen the intensity of the crime of refusal to enforce the law.
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If the person subject to enforcement does not have any property to be enforced, the court will be helpless, and the applicant can only wait for the person subject to enforcement to have property before applying to the court to enforce the legal procedure.
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At this time, we can adopt a policy of dishonesty, so as to take corresponding measures, prohibit him from taking planes, take the soft sleeper of the train, and restrict a series of other high-consumption behaviors, and put it on the list of dishonest people.
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In such a situation, you should continue to appeal, so that you can protect your rights and interests.
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Hello! The word "Lao Lai" is an honorific title given to an elder surnamed Lai by a friend with a foreign surname, and is not synonymous with a debtor. In recent years, some ** will"Lai"refers to the debtor, and the strict scandalization of the word Lai has brought great trouble to the people of the Lai clan.
To this end, on March 14, 2017, the Supreme People's Court expressly stipulated that the debtor shall be designated as a "judgment defaulter", and it is strictly forbidden to use it again"The word "old man". The society is constantly progressing, the times are advocating civilization, in order to purify the environment, please abandon the word "Lai", obey the provisions of the Supreme People's Court, respect the Lai clan, be civilized and polite, and standardize the wording, so as to "dishonest person subject to execution.""is the wisest choice. Thank you!
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It is strongly recommended that the state sentence the old lai, who is the most hateful. All his property was transferred to his family's name, and his family's property was seized together.
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**Lai, eradicate all kinds of loan platforms, credit cards, bank loans, strictly check qualifications, refuse to consume in advance, and put an end to lai!
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They should be given the opportunity to earn money, and it would be counterproductive to restrict them from going out to earn money.
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Helpless, winning the case and getting it is black and white, fat court and lawyer.
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There is no way to do it if Lai has property in his name, and he has gone through the execution procedure for more than three years, and he has not recovered a single point.
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Impossible, the homestead, the house, and a few acres of land, and an electric car at home, these are all assets that can be exchanged for cash debts
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Help the old man earn money, and then the money will pay you back.
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How about you help? Okay? No way! What do you bark for!
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At this time, there is only a dry direction.
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If you borrow money for interest or other fees, you should also do so at your own risk.
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Why lend money to others, crack down on borrowing, so that there is no old man.
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At the national legislative level, efforts should be strengthened, and criminal responsibility should be honest.
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Post some ghost articles like this every day, rub the traffic, and you will be a fool next year.
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We are a society governed by the rule of law, how can we enforce it without property in our name? Nothing else, I just want to know whose interests are this protecting?
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Not having any property is not a scoundrel!
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Is it right that the new Civil Code does not pay the debts of the father and the son?
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You didn't get what you said, what should you do???
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Legal analysis: Lai Lai has no property that can be enforced, and the court will generally terminate the execution of the hail and the source of the trip, but will generally include Lai in the list of dishonest judgment debtors, and order Lai Lai to report the property situation regularly.
Legal basis: "Guishan Youding on Strictly Regulating the Termination of the Enforcement Procedure (Trial)" Article 9: Within five years after the termination of the enforcement procedure, the enforcing court shall inquire into the property of the person subject to enforcement through the online enforcement inspection and control system every 6 months, and inform the applicant for enforcement of the results of the inquiry.
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Legal analysis: Lai Lai has no property to execute, try to negotiate and resolve quickly. The other party shall perform its obligations in accordance with the court's judgment.
If the other party refuses to perform the judgment, it may apply to the court for compulsory enforcement and enforce its enforceable property. If the other party is indeed insolvent and has no enforceable property, then the court can only rule to suspend the enforcement, and then apply to the court for resumption of enforcement after the suspension disappears, that is, the other party has the ability to repay.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 238:Where one party fails to perform on a creditor's rights document to which the notary public has given compulsory enforcement effect 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.
Article 241:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, they shall report on their current and property situation in the year prior to receiving 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 242:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with this notice, the people's court has the right to inquire into the relevant units about the property of the person subject to enforcement, such as deposits, bonds, shares, etc. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. The people's courts' inquiries, seizures, freezing, allocation, or sale of Hulun's property must not exceed the scope of the obligations that the person subject to enforcement shall perform.
When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
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If the court has truly lost the ability to repay, and the court has no enforceable property through enforcement and inquiry, it is not a lai, and it can explain the situation to the court and obtain the court's approval, and it will generally not be included in the list of dishonest persons. To repay debts and fulfill legal obligations, one must look at the ability and the other depends on the attitude. If the court finds that it is a reliever, it is generally a person who has the corresponding ability to repay and does not actively perform the repayment obligation.
The "Notice on Implementing Work Related to Appropriately Restricting Specified Seriously Untrustworthy Persons from Riding Trains and Civil Aircraft for a Set Period of Time" stipulates that where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters and give them credit punishments in accordance with law: (1) where they have the ability to perform but refuse to perform the obligations set forth in the effective legal documents; (2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (3) Using false litigation, false arbitration, or concealment or transfer of property to avoid enforcement; (4) Violating the system for reporting property fraud; (5) Violating an order restricting spending; (6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.
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Legal analysis: If the old man has no property, he should try to negotiate and settle it. The other party shall perform its obligations in accordance with the court's judgment.
If the other party refuses to perform the judgment, it may apply to the court for compulsory enforcement to enforce its enforceable property. If the other party is indeed incapable of repayment and has no enforceable property, then the court can only rule to suspend the enforcement, and then apply to the court for resumption of enforcement after the suspension disappears, that is, the other party has the ability to repay.
Legal basis: Article 392 of the Civil Code of the People's Republic of China Where the secured creditor's rights are secured by both real and personal guarantees, and the debtor fails to perform the debts due or the parties agree to realize the security interest, the creditor's rights shall be realized in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.
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Legal analysis: If the lai has no property that can be enforced, the court will generally terminate the enforcement procedure, but will generally include the lai in the list of judgment defaulters, and order the lai to report the property situation regularly. Within five years after the conclusion of the enforcement procedure, the enforcing court shall inquire into the property of the person subject to enforcement through the online enforcement inspection and control system every 6 months, and inform the applicant for enforcement of the results of the inquiry.
Legal basis: "Provisions of the Supreme People's Court on Strictly Regulating the Termination of the Enforcement Procedure (Provisional)" Article 9: After the conclusion of the enforcement procedure, if the person applying for enforcement discovers that the person subject to enforcement has property available for enforcement, he may apply to the enforcement court for resumption of enforcement. The application for resumption of enforcement is not subject to the limitation period of the application for enforcement.
Where the enforcing court verifies that it is true, enforcement shall be resumed.
Within five years after the conclusion of this enforcement procedure, the enforcing court shall inquire into the property of the person subject to enforcement through the online enforcement inspection and control system every six months, and inform the applicant for enforcement of the results of the inquiry. Where the conditions for resumption of enforcement are met, the enforcing court shall promptly resume enforcement.
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In this society, it is very normal to meet the old people, because they have no money and are still upright, which makes people feel very uncomfortable, but they can't ask for them, so for this kind of people, we should not be merciful, otherwise we will suffer in the end.
1. Negotiate with the defendant
For some people, even if they have money, they are not willing to take it out, they always like others to be soft, and say some nice words, so that they will gradually solve the problem. Therefore, when dealing with this kind of person, you must not be too strong, but appropriate and soft, and talk about your own difficulties, so that you can hope to solve the problem. If the amount is relatively large, we should not let the other party solve it all at once, but solve it in batches to give the other party a chance to breathe.
I myself is a good example, at that time I particularly believe in the boss, because the boss is the first time to start a business, the back of the difficulties to pay the salary I did not choose the company, and with the company to advance, did not expect the boss to rely on his difficulties to complain for us, but also repeatedly arrears of wages, so that I could not bear it, so I directly parted ways with the boss.
2. Enforcement
No matter what situation we are in, when we are unable to solve it, we can get back everything we deserve through the legal process. It's just that it takes a long time, and with the old guy, it's likely that it will take two years to get everything you have. If they are still relying on them after two years, then they will be held accountable for their actions, and they will even be detained and fined.
"I can't eat hot tofu in a hurry", in many cases, the more impatient we are, the less we can do things well, it is better to adjust our mentality, so that we can deal with the problem rationally, so even if the other party is an old man, we must be prepared to fight against them, so that the good life of the old man will be uncomfortable.
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It was the girl's father who sold the house to others, but her father squandered the money and committed suicide, and the girl had the right to inherit, because the house was jointly owned by her father and her mother, so the girl had no money to pay back to others, and the house could not be sold, so she could only become an old man.
If the lai has no property in his name, he may collect clues on the lai's other assets, such as whether the property of his spouse, children, or parents is related to the lai, and after collecting the clues, he may file a lawsuit with the court and include the lai in the list of judgment defaulters. When Lai is listed as a dishonest person subject to execution, he will be: >>>More