Hello everyone, I'm Brother Qi.
Founder of Shenzhen "Justice Enforcement" lawyer team.
Previous post to everyoneCall the court ** and mail the detention petition at the same timeDid you do it?
You can try it, maybe it will be effective (especially for small cases under 500,000).
ActuallyEvery communication with Brother Fa is to test Brother Far's personality and true attitude towards your case, and to determine whether the other party has the motivation to execute, which everyone must understand.
Knowing yourself and knowing your opponent is the only way to determine what kind of communication you choose (the purpose is to be effective).
As you know, the current official level has no regard for the law enforcement and punishment scale of the enforcement contractor for each old man in the process of handling the case, whether to detain or not, whether to be imprisoned first when there is evidence of the crime of refusing to execute, or whether to transfer to the detention center after being sentenced, or even not arrest anyone after being sentenced to a fixed-term imprisonmentThere are no strict rules
These are all discretionary and have full discretion at the discretion of the undertaker).
Since there is no violation of the rules in what you do, there are only two ways left:
orReasoned communication,
Tell the other party that your appeal meets the requirements of "100% in accordance with laws and regulations".
These demands are all things that must be done as an undertaker in the implementation of the work, and they belong to the scope of the work
orKnowing it with reason, moving it with emotion
Clearly describe the actual status quo of the person subject to enforcement's ability to perform, and provide corresponding clues and evidence
Let Brother Fa feel that your case is very simple, and he can get the money back with a slight push.
Give him a motivation to help you and not to refuse you
Helping you can also improve his case closure rate, so why not?
But now there's a roadblock in the way of execution:It is difficult to resume implementation
1. Many regions have internal regulations:
The final case requires either the plaintiff or the enforcement lawyerProvide corresponding clues first, and first prove that the old lai has assets and the ability to repay before the execution can be resumed
If you don't let the lawyer start an investigation and don't give an investigation order, how can there be new clues [anger]?
2. When you really have clues, you can't resume execution if you find it. Because what the undertaker said was to let youJust provide cluesand leave the rest to them.
But in fact, he meant itMore than just providing a clueIt's so simple [petrochemical], in real judicial practice, the undertaker's requirements for clues are very high!
usuallyThe plaintiff is required to provide accurate evidence of the old man's property, and to ensure that the evidence is collected legally and the evidence chain is complete(It is indeed sufficient, complete and valid).
According to this standard, the information provided by Sherlock Holmes does not necessarily pass the review.
If you can't pass the audit, you'll never have a chance to resume execution [decay].
3. In many areas, separate final case teams have been set up, and the right to handle cases has been withdrawn from the hands of the enforcement law.
That is, as long as the case is finalThe enforcement brother has no right to view the case materials, let alone resume the execution(because the case is no longer in the hands of the executing judge) [petrified].
The law brother is no longer responsible for the execution of the final case, and the plaintiff can only find the staff of the final case team to reconnect if he wants to resume the enforcement.
Please note: Final Case PanelThere is a dedicated customer service staffConnecting with plaintiffs, answering questions, but they are not judges' assistants.
Since these people are not studying law, they know very little about the case and the law, and many of them are even just supernumeraries (you can equate these people with clerical customer service, they will only follow the words mechanically, so it is normal for the preface to be incompatible and incoherent).
Some fans have complained before that the purpose of these reception staff is not to help the plaintiff solve the problem, but to show that someone is accepting...
I'm not qualified to judge if that's the case.,Feel it for yourself.。。。
But no matter what, as long as these reception staff block the entrance to the execution road, they will bite hard."You will never be given a resumption of execution without new evidence"With this standard, usually the plaintiff will not find any other way to advance the case except for various complaints, and he will almost never see the lawyer.
But if you don't have the opportunity to communicate with Fargo, you won't have a chance to resume enforcement, let alone restart the investigation of the case and promote the collection of money.
I feel that SI cycled [petrified] [petrified] [petrified].
If you want to resume execution, you don't need to be dead.
SomeTips, you can try
1. You can see if the measures such as the blackout restriction that the old man in his case has already done have been lifted?
If it has been lifted, you can try to resume execution for this reason.
2. Look at the execution file of your own case and see if you have done a thorough investigation of the property in another place (the defendant's hometown, place of life, business gathering place)?
If not, you can try to resume execution for this reason.
3. Look at the time when the creditor's rights in the case occurred, whether it was during the marriage?
If so, try to apply for a search for joint assets in the name of the spouse. Resumption of execution for this reason.
4. If the vehicle file has been seized but not actually impounded, you can try to resume enforcement on this ground.
5. If there has been no detention before, you can try to resume the execution on this ground.
There are also many strange reasons to try to communicate with Fargo and use them to resume execution.
In fact, it doesn't matter what the reason is, just be able to resume the implementation [shy] [shy] [shy].
I wonder if Daji really understands this sentence?
If you understand, the door to a new world will be opened.
Breaking down the various parts of the execution process into pieces, and analyzing the inner thoughts of the undertaker for each fragment, why did he do this? How can you get him to be willing to push the case?
Find the entry point and solve the specific problem of each link.
Solve the specific problems of each link, and don't always think about the end goal