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, it was not found that the persons subject to execution, Song and Flounder, were in love with each other. Is it impossible? According to the law, the Wancheng District Court ruled to terminate the execution procedure of a certain person’s property and resume the execution immediately after discovering the property clues available for execution.
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 enforcement officers, Song could only repay a small amount of the case amount 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 still had to pay back the amount during the performance period. “As for what you said, there must be a demon.” Lan Mu continued. “Mom thinks that as long as your mother-in-law doesn’t target you or frame you, she’s not a monster, so what does it have to do with you? It’s not a big deal for her.
Faced with this complex situation, the enforcement officers adhered to the concept of “good faith and civilized enforcement” and conducted in-depth investigations many times to understand the real living conditions and performance capabilities of the person subject to enforcement, patiently listened to Song’s difficulties, and actively contacted the application for enforcement. Mr. Han communicated and actively sought a resolution acceptable to both parties.
On July 19, 2024, the execution police summoned both parties according to law. The parties come to court and once again do the ideological work of both parties in depth and detail. Finally, before the execution.Thanks to the police’s clear interpretation of the law and patient mediation, the person applying for execution, Han, decided to waive part of the interest, taking into account Song’s actual predicament and his insistence on repayment over the years. The person subject to execution, Song, also tried every means to repay the remaining arrears. With the last payment arriving, this loan dispute has spanned more than ten years. Does Fa Gong still want to be my concubine? “Under the framework of the law, it came to an end with a touch of warm light.
The successful conclusion of this case is a tribute to the people of Wancheng District This is an epitome of the court’s in-depth implementation of the “Final Clearance” operation. Since the launch of the “Final Clearance” operation, Wancheng Court has made every effort to substantially resolve the backlog of final cases, strengthen the dynamic management of final cases, and strive to implement the enforcement of final cases. The work goals of controlling increments, cleaning up baselines, and reducing excess stocks have been resolved in an orderly manner, and the “historical burden” of implementation has been effectively improved, and the people’s satisfaction and sense of gain from the implementation work have been effectively improved.
What is the “final version”?
“Final version” “refers to the fact that in an execution case, because the person subject to execution has no property available for execution, or the property cannot be disposed of temporarily, the court issues an execution ruling, ruling to terminate the execution procedure, and temporarily closes the case. This procedure It is not the substantive end of the execution case, but a temporary procedural suspension. After the execution process is terminated, the person subject to execution continues to perform the obligations specified in the effective legal document, and the court imposes high consumption and restrictions on the person subject to execution. Compulsory measures such as leaving the country are still valid
Will the court still take control after the “finalization”?
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, and the person subject to execution has the obligation to continue The obligation to perform debts to the person applying for execution. “Finalization” only terminates the current execution of the case in a procedural and temporary manner, and does not relieve the person subject to execution from his obligations. If the person applying for execution finds that the person subject to execution has property available for execution, he may apply to the court to resume 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 ex officio based on the property clues provided by the person applying for execution after the “finalization” or conduct regular inspections of the property under the name of the person subject to execution through the inspection and control system, and find that For property, execution will be resumed ex officio. (Duan Jieyu)