After the arrears are overdue, they will be enforced, how to avoid them?

Mondo Social Updated on 2024-01-29

Recently, I brushed up on a**: The protagonist Lao Wang defaulted on a loan of several thousand yuan, and the judge brought someone to the door to enforce it.

Lao Wang was very emotional: Hundreds of thousands of people have never seen you chase, come to chase me for these thousands of yuan.

Many old brothers think that thousands of dollars are enforced, and they should not be able to meet them.

Actually, don't think that enforcement is far away.

As long as it is legal and compliant, it is natural for the court to enforce it.

What we need to know is how to avoid being enforced.

How long will it be enforceable if it is overdue?

Generally, loans are not enforced immediately after they are overdue.

The financial institution will give a grace period of about 3 months, and then enter the stage of prosecution that everyone is more worried about.

There is usually one month between the prosecution and the verdict, depending on the court's schedule.

If the court makes a judgment and the debtor still fails to repay the money within the specified time, the platform can apply for enforcement.

Therefore, after the deadline, it will take at least 6 months before it can be enforced.

What are the consequences of enforcement?

Compulsory enforcement is divided into judgment debtors and judgment defaulters.

Judgment debtor. Limit high consumption, bank accounts, WeChat and Alipay will also be frozen, and the balance will be used for repayment first.

The income needs to be monitored, and you will be given a certain amount of living expenses every month, and the rest will be deducted.

Judgment defaulters.

If you have money and refuse to repay it, you will be included in the list of judgment defaulters, which is often referred to as "old lai".

RVs are frozen, high consumption is restricted, vehicles cannot be on the highway, children's schooling is affected, and even pension accounts may be deducted....

In short, when it comes to enforcement, there is little room for negotiation.

How can I avoid being enforced?

Don't play lost contact. An old brother said that the collection upset me, so he simply let him not find me.

This is absolutely impossible, the collection and harassment can be ignored, and we can't afford to lose contact.

If the financial institution or bank cannot contact the person, it is easy to determine that the person is maliciously overdue.

Comb through debt. Many older brothers have never sorted out their debts. It is not clear how much you owe and how much you owe each month, which is very unfavorable for going ashore.

You need to be aware of your debts so that you can plan for repayment.

Actively negotiate. The service fees, membership fees, and guarantee fees of many loans can be waived, and there will be no collection and prosecution when an agreement is reached.

The other party has already sued, try to go through the court's pre-litigation mediation to avoid going to the step of judgment.

Litigation Objections. After receiving the summons, if the suing court is not in your place of residence, submit a petition for a jurisdictional objection, and the creditor can only withdraw the lawsuit after verification.

If the judgment has been made, an appeal can also be filed within 15 days;

If the appeal fails, you can apply for a retrial, and there is still a chance to avoid enforcement.

I believe that many indebted brothers are not deliberately overdue, but have encountered some temporary difficulties.

Overdue is not terrible, it is terrible to avoid debts, and paying off debts is the root cause of solving problems.

Related Pages