Previously, we have issued an article to teach you several effective ways to collect debts from the old lai, among which prosecution is the toughest, safest and most effective way, but we should remind everyone that if the other party does not pay back the money owed by the other party, after winning the lawsuit, if you do not apply to the court for enforcement, the court will not take the initiative to intervene;Even if an application for compulsory enforcement is made, whether the money can be successfully recovered depends on the debtor's property status. How to recover the money owed
After suing and enforcing it, can you get your money back, todayLawyer Wang Qing of Beijing Yifa Law FirmLet's sort out a few scenarios for you.
The other party has sufficient property
And personal credit, business conditions are good
This situation generally occurs when there is a dispute between the creditor and the debtor during the performance of the contract, and the debtor "does not want to give" rather than "cannot give", then after the court makes a judgment and determines the amount, there may be no need to apply for enforcement, and the debtor will take the initiative to repay. If the debtor still does not repay for various reasons, the enforcement will be very effective at this time, especially if the cash funds in the account are sufficient, and the account can be directly debited.
The other party has certain assets, but they are not easy to realize
Poor personal credit and business status
In this case, the debtor has assets (e.g. property, vehicles, goods, etc.) that are worth enough to repay the debt, but the debtor is reluctant to repay due to insufficient cash or poor management. It is recommended that the creditor apply for preservation and seizure of the debtor's property in a timely manner when filing a lawsuit to avoid malicious transfer. After winning the case and applying for enforcement, the court will choose the way to dispose of the assets according to the specific circumstances, and as long as it is not insolvent, the creditor's claim can still be realized in the end.
The other party has no property and is unable to fulfill the judgment
If the debtor has neither assets, nor cash, nor even expects no profit, even if the court makes a judgment in favor of the lawsuit, it will not be able to realize the creditor's rights, and the enforcement will have little effect.
Of course, this does not mean that the debt will never be recovered. No money now does not mean that there will be no money in the future, and no property clues now does not mean that you will not be able to find it in the future. For those who refuse to repay the money and "put it on the", the court will take corresponding measures such as "restricting consumption", "restricting travel methods", and "being on the blacklist", which also alleviates the problem of difficulty in enforcement to a certain extent.
Beijing Yifa Law FirmLawyer Wang Qing reminds youApplying to the court for enforcement sounds like a simple process, but there are some common mistakes to be aware of to avoid affecting the effectiveness of enforcement, such as:
The time limit for applying to the court for enforcement is within two years, but as the saying goes, "late will change", the lawyer still advisesApply for enforcement as soon as possible after winning the caseto avoid expiration of the judgment or other changes.
Apply to the court for enforcement, but don't rely solely on the court's enforcement. In debt dispute cases, the court has the obligation to inquire about the funds and assets of the person subject to enforcement, but there may also be errors and omissions, so the creditor should beProvide the court with clues about the debtor's property as much as possibleand take the initiative to contact the court to communicate and understand the progress of enforcement