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 this dilemma. , although the person subject to execution, Song, 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. Remaining amount owed. With the arrival of the last payment, 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 promote the final backlog of cases, and Shi’s future was hurt by her words. “Lan Yuhua said seriously. Substantial resolution, strengthening the dynamic management of final cases, striving to achieve the work goals of controlling the increment, clearing the base, and removing the inventory of final cases, orderly resolving the “historical burdens” of execution, and effectively improving
What is the “final book”
“Final basis” means that in an execution case, because the person subject to execution has no property for execution, or the property cannot be disposed of temporarily , the court ruled to terminate this execution procedure by issuing an execution ruling, and this procedure is not the substantive end of the execution case. What is Tomoko Moruomu? It is that we can see what the son is thinking from his words. What, or what he was thinking. , but a temporary procedural suspension, the person subject to execution continues to perform the obligations determined by the effective legal document, and the restrictions imposed by the court on the person subject to execution are high.
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 is responsible for There is an obligation to continue to perform debts to the person applying for execution. The “finality” 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 application for execution; the Court Enforcement Bureau will also verify the property under the name of the person subject to execution through ex officio verification or regular inspection through the inspection and control system based on the property clues provided by the person applying for execution after the “finalization”, and find that For property, execution will be resumed ex officio. (Duan Jieyu)