What should I do if I refuse to repay the debt and resist execution? The lawyer will give you advice

2020-04-27 11:00:33 movie 2035℃

As the saying goes, “repaying debts is justified.”

means that some people owe money. Even if

waits for enforcement by the court,

still “resistes”.

NO.1

Case 1:

borrowing from the bank to buy a house requires monthly repayment, but this Mr. Zhang is very unique, he does not repay, and it lasts for several years. In desperation, after a court decision, the bank applied for enforcement.

Kunming branch employee of China Minsheng Banking Co., Ltd.: "On December 9, 2015, I borrowed 1 million yuan from the bank. Until December 14, 2017, it was overdue for 2 years and it was not repaid."

When the enforcement judge entered Mr. Zhang's house, there was no one in the house, but the careful enforcement officers found that the air was still filled with the aroma of food, and it seemed that Mr. and Mrs. Zhang and his wife did not travel far away.

, Cai Xueliang, executive officer of the Guandu Court’s Executive Bureau: “I posted the vacancy notice, but for a long time, he didn’t take the initiative to move out of the house, and he didn’t go to the court or the court to explain the situation.”

The execution case "Summer Thunder" concentrated its execution. The bank advocated sealing up and auctioning the house under the name of the person to be executed to pay off the arrears.

Before the house was seized, the executor contacted Mr. Zhang by phone and told him to go home immediately to cooperate with the law enforcement, but he did not show up because of being far away from home. Just as the executor was about to leave the community, he encountered the executor who was "long over time" at the door of the unit building.

Enforcement judge: "We haven’t moved the items in the house."

Execution judge: "Yeah."

Enforcement judge: "So now either you will pay back the money or the house will be vacated, and the court will conduct an evaluation and auction. "

Executioner: "I know, vacating the room is sure, can it be delayed for two days." The

executive judge: "Two days late is a maximum of 10 days, 10 days. Do you want to vacate yourself?"

Executionee: "I'll take it myself."

NO.2

Case 2

Ms. Chen and Fang were originally married, and they divorced in 2014. Fang is the legal representative of Kunming Hailongwang Pump Industry Electric Co., Ltd., After the divorce, Ms. Chen owns 45% of the company's shares. Although she is a shareholder, Ms. Chen has no idea about the company's operations.

Ms. Chen: "I have 45% of the company’s shares in it, but he transfers all of the money, and it’s empty. He is in charge of all the company’s accounts, so he won’t give me access to the company, but I directly have shares in it. Inside, I want my 45% of the shares to know the company’s operations.”

After repeated consultations with Fang Mou, Ms. Chen had no choice but to take it to court and filed a complaint with the people of Guandu District in 2018. The court applied for enforcement. Du Anyan, an executive officer of the Executive Bureau of the Guandu District Court, said: "At that time, he called and notified him to come over and let him perform his obligations, that is, to check the company account books and the articles of association, but he either did not answer the phone or received the phone call. Later, I will delay time with us for various reasons."

In order to evade enforcement by the court, Fang fought a "guerrilla war." On June 3, the executive received news that Fang appeared to work in the Jintai Building on Dongfeng Road, and the executive who arrived after hearing the news found Fang’s car in the underground parking garage. I thought that Fang had nowhere to escape this time, but it was counterproductive.

Executive Officer of the Executive Bureau of Guandu District Court Du Anyan: "After we went up, he quietly drove his car away. The company we came to today is Panlong Yunhai’s company, and it’s not.The company of Kunming Hailongwang Pump Industry is not easy to search. "The executive officer of

called Fang. At first, Fang answered and promised to rush back to Jintai Building as soon as possible. However, after calling, he could not get through. Then, the executive sent a text message to Fang’s mobile phone, requesting He went to the court to cooperate with law enforcement as soon as possible. Du Anyan, an executive officer of the Executive Bureau of the Guandu District Court, said: "When I saw him today, the first step is to send him back to the court and explain the situation accordingly. If he still fails to perform his obligations, he may follow suit. Detention measures must be taken against him. "

Court enforcement is

based on the judgment result of the court on the enforced person

is to ensure that the rights of the right holder can be realized.

z2, the enforced person evades the execution, or the enforced person circumvents the enforcement 13zzzzz2. What should

do when the situation arises?

can the rights of the right holder still be protected?

tonight

"interpretation of the law" guest

zz132 Guohao, a senior lawyer in the field of knowledge law 13zzzzz132 Property rights, corporate financing and mergers and acquisitions, corporate governance, real estate and complex civil and commercial dispute resolution, with rich practice experience and excellent professionalism.

for you to interpret!