Because of this incident, Judge Jing Cheng went to Jiangnan five times

Mondo History Updated on 2024-02-01

On January 8, the Jingcheng County People's Court and its subordinate executive bureau respectively received two pennants printed with "Maintaining Fairness and Justice, Demonstrating the Authority of the Law" and "Shouldering Morality with Iron Shoulders and Acting Justly" from a ** company in Hebei Province, the applicant for execution, to express their gratitude to the court's enforcement officers and police officers who went to Jiangnan five times in five years to handle cases and recover millions of yuan in arrears for the company's car sales.

On August 12, 2013, the defendant Beijing logistics company and its legal representative (sole proprietorship) purchased 12 cars from the plaintiff Hebei company by installment payment and signed the "Installment Payment Contract for the Sale and Purchase of Automobiles". After that, the plaintiff delivered the car as agreed, and the defendant paid the down payment for the purchase of the car, and later paid part of the liquidated damages, but still owed part of the principal unpaid, resulting in a lawsuit. In the course of the trial, the court seized the defendant's three properties in accordance with the law. On November 20, 2018, the court ordered the defendant to repay the plaintiff's principal amount of 176More than 60,000 yuan and corresponding interest. After the judgment came into effect, the defendant still failed to fulfill its payment obligation, and the plaintiff applied to the court for enforcement.

In May 2019, after the case entered the enforcement procedure, the enforcement police could not contact the person subject to execution, Lu and his wife. After many inquiries, it was learned that the person subject to enforcement lived in Yancheng, Jiangsu. In order to handle the case as soon as possible, in early August, the enforcement cadres and police traveled nearly 1,000 kilometers to the south of the Yangtze River for the first time to come to the home of the person subject to enforcement, issued an enforcement notice, a property reporting order and other relevant legal documents, and ordered him to fulfill the repayment obligations determined by the effective legal documents. After explaining the law and working patiently, the person subject to enforcement promised to pay off all debts before the 25th of this month, and if it could not be repaid, the court would auction off two of the seized properties. However, the person subject to enforcement fails to perform the repayment obligation after the commitment is overdue. In December of the same year, the court launched the auction procedure in accordance with the law, and publicly auctioned his two properties in Yancheng, Jiangsu Province, and obtained more than 150 yuan, one of which left a share of more than 260,000 yuan for his children, which was used to repay the arrears of more than 1.24 million yuan from the applicant for execution.

Subsequently, the executive police officers went to Jiangnan for the second time and handed over the two houses auctioned. In January 2020, the time of another property seized by the court expired, and the enforcement police went to Jiangnan three times to go through the procedures for renewing the seal.

In order to continue to enforce the principal and interest of the remaining 800,000 yuan, the enforcement police often contact the person subject to execution through ** and WeChat to do work to pay off. However, he refused on various grounds. As a result, the court decided to take further steps and auction off another of his properties. At this time, the homeowner raised an objection to enforcement, saying that the property was written in the name of a minor and could not be enforced. According to the law, the property of minors is the joint property of the family, and the court may enforce the joint share of the person subject to enforcement. Accordingly, the court dismissed the homeowner's objection to enforcement.

In late August 2022, the enforcement police went to Jiangnan and issued a notice to the person subject to enforcement, and the person subject to enforcement was in a hurry and quickly entrusted a lawyer to contact the enforcement police and asked for negotiation to handle the case. After mediation presided over by the enforcement police, the two parties reached a settlement agreement, and the person subject to enforcement agreed to repay 50,000 yuan per month until it was fully paid, except for the 260,000 yuan left for the child in the last auction to be paid to the applicant for execution.

Unexpectedly, the person subject to execution broke his trust again and failed to repay 50,000 yuan per month. In order to punish the "old lai" and protect the interests of the winning party, on August 23, 2023, the court organized 8 enforcement officers to go to Jiangnan five times to forcibly vacate the seized property. Under the deterrence of the power of enforcement, the person subject to enforcement promised to repay 50,000 yuan per month from that month until it was repaid. 350,000 yuan has been fulfilled, and the balance of 200,000 yuan is being fulfilled. The person applying for enforcement was very moved and satisfied with the court officers and policemen's dedication to the people, perseverance, and hard work, and the style of conscientiously handling cases. Author |Li Zhongyong, Lu Jiangze.

Edit |Han Xiaohong email | [email protected]

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