Recently, the Lishi District People's Court strengthened enforcement measures, timely fulfilled the legitimate rights and interests of the winning party, and successfully concluded a sales contract dispute case.
Synopsis. In the case of a dispute over a sales contract between Feng Moumou and a company in Shanxi, the courts at two levels ruled that a company in Shanxi should return the arrears of Feng Moumou within 15 days. After the judgment took effect, a company in Shanxi refused to perform its repayment obligations, and Feng Moumou applied to our court for compulsory enforcement on October 10, 2023.
Execution process. After the case entered the enforcement procedure, our court served the enforcement notice, property reporting order and other relevant legal documents to the person subject to enforcement in accordance with the law. In order to realize the lawful rights and interests of the winning party as soon as possible, the enforcement cadres and police on the one hand promptly take property investigation and control measures to find the company's property that can be used for enforcementOn the other hand, ** contact the legal person of the company to request the performance of effective legal documents. In the past two months, the enforcement police repeatedly contacted the legal person Yao Moumou, but he always refused to show up and resisted the execution.
On December 7, the enforcement police contacted again and finally summoned the legal person Yao Moumou to our hospital. In the process of enforcement, the cadres and police continued to explain the law to the person subject to enforcement and clarify the interests, but Yao Moumou relied on the fact that there was no property in his name that could be used for enforcement, and his attitude was arrogant and refused to cooperate. Finally, the police told Yao that if he had been resisting enforcement, he would be subject to a series of compulsory measures such as being included in the list of dishonest judgment defaulters, restricting high consumption, and judicial detention, which would also have a negative impact on his company's business reputation. At this time, Yao Moumou finally realized the seriousness of the problem and agreed to mediate.
In the end, under the mediation of the enforcement police of our court for 13 hours, the applicant Feng Moumou and the legal representative of a company in Shanxi Province reached a settlement agreement, and the applicant Feng Moumou agreed to settle the case with a one-time sum of 880,000 yuan. At 9:47 p.m. on December 7, a company in Shanxi, the person subject to enforcement, transferred 880,000 yuan of enforcement money, litigation fees, and enforcement fees into the "one case and one account" in this case. Our court completed the release of the case money the next day. In order to crack down on the negative performance of the repayment obligation of a company in Shanxi, our court made a decision to fine and punish it.
Adhere to the "people's urgency" and "do" the people's expectations. The one-time resolution of this large target case fully demonstrates the enforcement strength of the Lishi District People's Court. In recent months, our court has successfully concluded a large number of cases by continuously increasing the use of coercive measures such as detention, rewards, fines, publishing a list of dishonest people, and refusing to carry out the transfer of crimes. In the next step, the Lishi District People's Court will continue to increase the intensity of enforcement, make full use of various compulsory measures, adhere to the principle of "explaining the law thoroughly, exhausting measures, and giving enough pressure", crack down on acts of evading and resisting enforcement in accordance with the law with a zero-tolerance attitude, and respond to the people's expectations for fairness and justice with practical actions. (Contributed by Lang Yan).
*: Lishi Court.