Dahe Net News Recently, the People’s Court of Wancheng District, Nanyang City has implemented the “final clearance” work deployment of the Provincial High Court and actively carried out special centralized enforcement actions , implement the purpose of justice for the people with practical actions. Through precise policy implementation and flexible law enforcement, we successfully concluded a private loan dispute case that had lasted for many years, effectively safeguarded the legitimate rights and interests of the person applying for enforcement, and did not forget to convey judicial warmth, achieving an organic unity of legal effects and social effects.
It is understood that in 2013, Song, the person subject to execution, borrowed 40,000 yuan from his friend Han for living needs. Due to various reasons, repayment failed as scheduled, and both parties eventually went to court. Under the auspices of the Wancheng District Court, the two parties reached a mediation agreement. However, after Song repaid 10,000 yuan, he still failed to pay the remaining debt. In November 2019, the plaintiff Han applied to the court for execution. After the court’s execution investigation, no clues about the property of Song, the person subject to execution, were found. The Wancheng District Court ruled to terminate the execution procedure of the case in accordance with the law, pending the discovery of the property that is available for execution. Execution resumes immediately after property clues are obtained.
A certain person did not deliberately avoid debt, but was trapped by a series of misfortunes: he was suffering from cancer and needed urgent surgery; the family burden was heavy, and his son was disabled due to injury and needed long-term care, making family life more difficult. Faced with such a dilemma, although Song, the person subject to execution, was determined to repay the loan, he was unable to do so. After repeated communication and persuasion by the execution police officers, Song was only able to repay small amounts of the case each time. Although he had reached a settlement agreement with Han, the person who applied for execution, to perform the payment in batches, due to his lack of ability to perform, he was still unable to pay back the amount during the performance period. Relatively long.
Faced with this complex situation, the enforcement officers adhered to the concept of “good faith and civilized enforcement” and conducted multiple in-depth investigations to understand the execution He listened patiently to Song’s difficulties and actively communicated with the person applying for execution, Han, to seek a solution acceptable to both parties.
On July 19, 2024, the enforcement officers summoned both parties to the court in accordance with the law and once again conducted in-depth and detailed ideological work on both parties. In the end, with the enforcement officer’s clear interpretation of the law and patient mediation, the person applying for execution, Han, decided to give up part of the interest, considering Song’s actual predicament and his insistence on repayment over the years. The person subject to execution, Song, also tried every means to repay it. The remaining balance owed. FollowWith the last payment arriving, this loan dispute that spanned more than ten years came to an end with a warm light under the legal framework.
The successful conclusion of this case is a microcosm of the Wancheng District People’s Court’s in-depth implementation of the “final clearance” enforcement action. Since the launch of the “final clearance” operation, Wancheng Court has made every effort to substantially resolve the backlog of final cases, strengthened the dynamic management of final cases, and strived to achieve the goals of controlling the increase in final cases, clearing the base, and eliminating the inventory. It has solved the “historical baggage” of implementation in an orderly manner and effectively improved the people’s satisfaction and sense of gain from the implementation work.
What is the “final version”?
“Final copy” means that in an execution case, because the person subject to execution has no property available for execution, or The property is temporarily unavailable. “Baby didn’t say that.” Pei Yi quickly admitted his innocence. For disposal, the court issued an execution ruling and ruled to end the execution procedure, temporarily closing the case. This procedure is not the substantive end of the execution case, but a temporary procedural suspension. After the termination of this execution procedure, the person subject to execution will continue to perform the obligations specified in the effective legal documents, and the compulsory measures taken by the court against the person subject to execution, such as restrictions on high consumption and restrictions on leaving the country, are still effective.
Will the court still have control after the “final copy”?
Final issue” will not be “termination”. The person applying for execution has the right to require the person subject to execution to continue to perform the debt. , the person subject to execution has the obligation to continue to perform the debt to the person applying for execution. “Finalization” only terminates the execution of the case temporarily, and does not exempt the person subject to execution from the obligation. If the property is subject to execution, you can apply to the court for resumption of execution. The application for resumption of execution is not subject to the limitation period of the application for execution; the court enforcement bureau will also verify or pass an investigation ex officio based on the property clues provided by the person applying for execution after the “finalization”. The control system regularly checks the property in the name of the person subject to execution, and if the property is found, execution will be resumed ex officio (Duan Jieyu)