Today, over the weekend, I would like to share with you the complexity of detention – why do seemingly straightforward detention methods hide so many challenges in practice?
Detention, as a serious measure in civil cases, can indeed have a deterrent effect, but for small arrears, finding someone often means a high probability of repayment. After all, detention is not a resort, and the living conditions there are hard, such as kimchi meals for 15 days in a row, which are almost unbearable.
It is this predicament that prompts some to seek relief (to be free by repaying their debts), or their families to choose to bear it on their behalf in order to avoid further suffering.
Our goal is always clear: as long as we can get what we owe in the end, we will succeed. Let's focus on this outcome, which is debt repayment.
In the face of legal challenges, detention operations are not an easy task. For Fargo, it is undoubtedly a difficult task to deal with thousands of cases and memorize the characteristics and whereabouts of each person subject to execution.
Judges have limited authority to use professional tracking equipment. Often, clues to detention rely on actual information provided by the plaintiff, such as whereabouts and addresses. In order to make efficient use of judicial resources and ensure the success of the detention, the plaintiff may be required to cooperate in squatting and confirming the location of the person subject to enforcement.
However, in reality, not all plaintiffs are willing to take the initiative to participate, and they expect the court to be fully responsible. Some choose to sit on the sidelines because of location or personal concerns (such as avoiding emotional outbursts).
However, there is also a view that if the implementation fee is paid, it should sit back and wait for the results and the return of the money. However, judicial practice emphasizes cooperation and joint efforts to advance the enforcement of legal procedures.
Play"Fargo"We expect the plaintiff to actively participate in this role and work together to find out"Lai"It is not unreasonable, because there is often a connection between the plaintiff and the person subject to enforcement.
Whether it is a loan or a contract dispute, the plaintiff usually has an in-depth understanding of the defendant's living environment and the circle of relatives and friends. It's not hard to get critical information by looking for it. For plaintiffs, the greatest benefits will be directly derived from successful recovery, so they are more motivated to search and monitor.
When the person subject to execution is confined to a specific space (such as a house), Fargo can go straight to Huanglong and enforce the detention. Even if the plaintiffs don't want to act on their own, I encourage you to come along and see for yourself this moment of justice and see"Lai"The scene of being handcuffed is really enjoyable (bad laugh).
Moreover, assisting us in planning the route and identifying the objectives was crucial to the success of the detention operation, especially during the winter months, when the crowds were so dense that it was not easy for Fargo to find.
When the plaintiff actively assists, Fargo will give a higher rating when assessing the effectiveness of the detention execution. Some district courts have stressed the importance of producing results, so when the location of the target is unknown, Fargo will choose to act cautiously.
There are many cases and limited manpower, which requires the plaintiff to do a good job of searching and tracking in advance. Once the plaintiffs are ready to stay on guard and help us find the old man, the efficiency of Fargo's police arrest and detention will be significantly improved.
Although Fargo cannot directly use the mobile phone to locate the location, the plaintiff has the right to apply to the judge for "temporary restraining measures" (usually 24 hours or more), which is a powerful tool.
At the same time, the plaintiff can disclose their information on untrustworthiness in places where the old man often haunts, such as communities and villages, although the effect may be limited, such publicity can effectively vent the plaintiff's dissatisfaction, ease the relationship with the elder brother, and enhance mutual trust.
Nowadays, there is not much attention paid to this kind of information, and there is little concern for face, but such a public strategy can undoubtedly help ease the emotional pressure of the plaintiffs.
In the face of stubborn debtors, we usually take mediation as the main arena first, and the court will guide them with understanding and reasoning, hoping that they will change their minds. Even when draconian measures are demonstrated, those who appear to be unwavering, such as asking about clothing needs, actually show that they have no fear of detention.
If negotiations fail, detention is not the only option. However, detention facilities treat detention in civil cases quite strictly, and health hazards, advanced age restrictions, mental illness, or specific status (e.g., county representatives) are grounds for refusal.
Formal detention is only possible after all attempts have failed.
Answers to frequently asked questions: one year of detention"Lai"There were 26 cases based on a variety of grounds, but most of them were invalid against the plaintiff in practice. Generally speaking, two detentions a year is severe, requiring multiple plaintiffs to apply at different points in time (after every 15 days of detention).