Lack of payment to enterprises not only affects the liquidity of funds, but is even related to the survival of enterprises.
2020 has been difficult for everyone, and 2021 is coming.
The accounts that need to be settled should be settled quickly! Pay off the debt that needs to be paid as soon as possible!
Be real! The court is calling you to clear your account!
“The court is serious! It wants to rectify these illegal acts.” The bottom line of the law cannot be challenged! Civil enforcement is not only related to ensuring the realization of the rights of the parties, but also an effective means to enhance judicial authority and maintain social fairness and justice.
Recently, the Yanqi County People’s Court has directed a team led by the leader in charge of the court to allocate resources to form a speedy execution team to deal with small-ticket cases where the subject amount is less than 20,000 yuan. Measures such as verbal summons, custodial summons at the residence, providing a guarantor to perform in installments, and coordinating the implementation of judicial detention in the detention center were adopted to exert comprehensive pressure and urge the persons subject to execution to fulfill the repayment obligations specified in the effective legal documents as soon as possible. Currently, 15 cases with small bids have been concluded. case, the execution payment was more than 40,000 yuan. Due to the impact of the epidemic, the custody of judicial detainees has not been effectively implemented since February this year, which has had a certain impact on the enforcement work of the People’s Court. Recently, under the premise of ensuring the safety of epidemic prevention and control, the county detention center has resumed the execution of judicial detention in an orderly manner. When the persons subject to execution of small-scale execution cases saw that the People’s Court was starting to “get serious”, they “proactively” performed the execution. case amount.
Courts across the country have responded and established enforcement 110, leaving the old scoundrels nowhere to hide!
“Execution 110” implements police management, relies on the execution command center to establish a 24-hour execution hotline, explores the joint punishment mechanism of the public, procuratorate, and law, and is mainly responsible for judicial detention and vehicle seizure. , assisting in house collection and taking coercive measures against parties suspected of resisting law enforcement, etc.
Encountered malicious debt! The Procuratorate supports the prosecution!
In April this year, prosecutors from the Xuzhou Economic Development Zone Procuratorate learned during a visit to the area that Hengdong Company had signed machinery and equipment sales contracts with many companies since 2018. The sales amount Reaching more than 6 million yuan. After the equipment was delivered, some buyers failed to pay the balance within one year as stipulated in the contract, and some buyers from other places refused to pay, causing Hengdong Company’s liquidity turnover to be seriously affected. Through further investigation, it was found that the debtor had no objections to the quality and after-sales service of the purchased equipment, but always refused to pay due to financial constraints and maliciously failed to fulfill its debt despite repeated demands.
After research and discussion, the Xuzhou Economic Development Zone Procuratorate decided to use the support prosecution method to help companies assert their rights, and accepted the sales contract dispute support between Hengdong Company and two other machinery and equipment companies in accordance with the law. prosecution case. On May 28 this year, Hengdong Company filed a civil lawsuit, requesting that the debtor be ordered to pay the payment and liquidated damages for overdue payment. The court issued a letter of support for the indictment in accordance with the law and participated in the trial of the case as an agency supporting the prosecution.
Order of the State Council! The loan cannot exceed 60 days!
In July this year, the State Council officially announced the “Regulations on Guaranteeing Payments to Small and Medium-Sized Enterprises” (hereinafter referred to as the “Regulations”), which will come into effect on September 1, 2020.
The “Regulations” have a total of 29 articles, which mainly include three aspects. The first is to standardize contract conclusion and fund guarantee, and strengthen the source management of account payment. The second is to standardize payment behavior and prevent account arrears. The third is to strengthen credit supervision and service guarantee.
The regulations stipulate that payment shall not be refused or delayed on the grounds of change of person in charge, waiting for acceptance, final account audit, etc., and a payment information disclosure system shall be established. The regulations also set out provisions for handling complaints about breach of contract and default, punishment for breach of trust, and punishment and accountability.
The consequences of not paying off the debt will be serious!
▶▶▶Enforcement measures in the “Civil Procedure Law”:
1. Enforcement of the deposits of the person being applied for execution ;
2. Enforce the income of the person subject to execution;
3. Enforce the stocks and other properties of the person subject to execution ;
4. Enforcement of vehicles and other movables of the person subject to execution;
5. Enforcement of accounts receivable of the person subject to execution money and other property;
6. Enforcement of the land, real estate and other real estate of the person being applied for enforcement;
7. Enforcement application The executor returns specific property;
8. Double payment of debt interest during the period of delayed performance and payment of delayed performance fines;
9 , fines, detention and other compulsory measures;
10. Restrictions on entry and exit, etc.
▶▶▶Enforcement of special targets
1. Enforcement of the only housing
2. Execution of wages and income of the person subject to execution
3. Execution of pension of the person subject to execution
4. Execution of spouse’s property
5. Compulsory execution of huge amounts of property of unknown origin for minor children
6. Compulsory auction of the mobile phone number of the person subject to execution
▶▶▶Special acts are prohibited
1. Entry and exit are prohibited
2. Disloyalty is prohibited The person subject to execution is prohibited from driving on the highway
3. Prohibiting certain driving behaviors of the person subject to execution for dishonesty
4. Freezing the driving license and restricting driving Certificate annual inspection
▶▶▶Restrictions in all aspectsMeasures
1. Limit high consumption
2. Restrictions on engaging in specific industries or projects
3. Restrictions on government support or subsidies
4. Restrictions on qualifications
a) Restrictions on serving as senior executives of state-owned enterprises.
b) Restrictions on serving as the legal representative of a public institution.
c) Restrictions on serving as senior executives of financial institutions.
d) Restrictions on serving as the person in charge of social organizations.
e) Recruitment (employment) as public servants is restricted.
f) Special restrictions on party membership or party membership.
g) Restrictions on serving as Party representatives, National People’s Congress representatives and CPPCC members.
h) Military service restrictions, etc.
▶▶▶Entry qualification restrictions
a) Including customs certification restrictions.
b) Restrictions on engaging in pharmaceutical, food and other industries.
c) Qualification restrictions for real estate and construction companies.
▶▶▶Honors and credit restrictions
a) Awarded to civilized cities, civilized villages and towns, civilized Restrictions on unit, civilized family, moral model, and charity awards.
b) Lawyers and law firm honor restrictions.
c) Credit limits.
▶▶▶Special market transaction restrictions
a) Restrictions on engaging in real estate transactions and state-owned asset transactions .
b) Restrictions on the use of state-owned forest land.
c) Use grassland limits.
d) Restrictions on the use of other state-owned natural resources.
8. Cannot serve as the legal representative, director, supervisor, senior manager, etc. of the enterprise
9. Restricted bidders, Bidding activities of bidding agencies, bid evaluation experts and other bidding practitioners
10. Restrictions on online payment tools and credit extensions such as Alipay and Sesame Credit
▶▶▶Convenient, fast and powerful execution
1. Publicize to the public the information of those who have been dishonest and subject to execution
2. Quick online inquiry and execution of inspection
3. Inquiry of property every six months
▶▶▶Other restrictions
1. Communication restrictions
2. “Ring Tone for Dishonest Persons” Measures
3. Mobile phone positioning during execution
4. Lao Lai can be forced to terminate the labor contract
5 , those who run abroad will also be held accountable
6. The APP marks the Lao Lai’s number
7. Announcement of reward for property clues
8. Pop-up window on Toutiao APP for Lao Lai
9. Implement bounty insurance
▶▶▶The ultimate move
Pursuance of criminal liability: According to Article 313 of the “Criminal Law of the People’s Republic of China” It is stipulated that if a people’s court has the ability to execute a judgment or ruling but refuses to do so, and the circumstances are serious, criminal liability will be investigated for the crime of refusing to execute the judgment or ruling. The 2015 “Supreme People’s Court’s Notice on Refusing to Enforce Judgments and Rulings in the Trial of Criminal Cases” applies “Interpretation of Several Legal Issues” further details the specific matters of criminal liability and stipulates that if the public security organ does not accept the case, the public prosecution will be transferred to private prosecution.
Reminder: Old accounts don’t live up to the New Year! Clear the account quickly!
No one can stand without faith. Nowadays, those who owe money have become uncles, and those who have to pay have become grandsons. It is really speechless.
From 2020 to now, the courts have handled as many as 25,906 debt-related cases. The epidemic has tightened the capital chain of various enterprises, and arrears will undoubtedly make the enterprises even worse. So I hope you can clear your accounts before 2021 arrives, and let’s have a good year together! </p
