Is it true that the micro-loan is overdue for half a year and sent a text message today saying that the application for enforcement is true?

After all, debt is the fuse that leads to the tragedy of life. Whether you are a small loan or a credit card, when your earning ability can't keep up with the pace, you can face a lawsuit, and the purpose of the lawsuit is nothing more than paying back the money.

Some friends are numb and even nervous when they hear that they are being sued. In fact, this is the only way for a debtor. You haven't been charged or executed, but your debt is not big enough.

Today, let's take a look at the implementation after being sued.

0030 10 bank litigation

It has nothing to do with litigation execution. The purpose of the lawsuit is only to legally recognize your debt and pay the interest and liquidated damages on the amount you owe.

When normal prosecutions have a purpose, their purpose is nothing more than the following:

(1) Ask the court to decide how much of the principal owed by XXX is true.

(2) Ask the court to decide how much time is owed and how much interest and liquidated damages are caused.

(3) Ask the court to decide when a certain debt will be repaid. During the overdue period, it shall be paid at the national interest rate of 24% until it is paid off.

If you have to ask for collection, the bank will lose the money. It doesn't matter whether I can get it back or not. I'll put you in jail. That is nothing more than the effect of psychological intimidation. Banks don't put a person in prison easily because they can't get any money back during this period of imprisonment.

But you must not challenge the bank's bottom line, because there are such indicators to be completed every year, otherwise the conviction of microfinance fraud will become empty talk.

You don't have to pay back the money immediately if you are sued. Litigation is just a legal judgment on what you owe. Therefore, many friends often ask Lao Han if he must pay back the money immediately after being sued, otherwise he will be blacklisted immediately and his children will not be able to go to school. That's just a social rumor.

0030 10 enforcement

After getting the winning judgment, the other party still doesn't pay back the money, so you can apply for enforcement! Don't be afraid if the other party deliberately doesn't pay back the money. The court has plenty of ways to freeze, deduct bank accounts, auction vehicles and real estate, blacklist them, and make them "immobile" or take them into judicial custody. No matter how tired the criminal judge is, he will get back every penny that belongs to you.

0 1 The judgment came into effect and the other party refused to carry it out.

The first draft shall be submitted to the people's court of first instance (or the court at the same level where the property of the person subjected to execution is located).

If the people's court decides whether to file a case within seven days and needs supplementary materials, it shall inform it in writing at one time to make corrections within a specified time limit.

File a case, enter it into the court case handling system, and publicly execute the case information.

Operate the judge's people's court to implement the network inspection and control system, and conduct a comprehensive inspection and control of the property under the name of the executed person.

(Bank deposits, online bank accounts, securities, equity, real estate, motor vehicles, insurance financing, etc. )

According to the investigation and control results, the person subjected to execution has a bank deposit.

Direct transfer to the court account, pay the application executor, and close the case.

Debtor, do you have a deposit?

People in debt. Do you have any assets?

There may be two problems here:

(1) Personal mortgaged property

According to the implementation regulations, if an individual owns a house, he should also consider living conditions. The law will not be enforced immediately because you have a house, in order to maintain social stability and protect the human rights of debtors. The execution must also ensure the minimum living standard of the executed person, at least with a place to live and food.

Moreover, the mortgaged house itself and the mortgage loan of the bank have not been repaid, and the nature of the creditor's rights must first meet the priority creditor's rights of the mortgage bank, so this piece will not be enforced.

(2) Personal vehicles

If you are heavily in debt and still drive a Mercedes-Benz BMW, you are a typical Lao Lai. And many people who are heavily in debt are at the bottom of their lives. Even if they have a car, it is only a matter of transportation, or the car is mortgaged. Besides, how many procedures and troubles are there from impounding vehicles to auction, and how many friends will lose everything? If a car is a necessity for life and work and a means of transportation, the court can support it and will not enforce it. So when you are heavily in debt, you are sued and executed, although it is nothing more than executing your property and vehicles.

But that doesn't mean you're okay:

Freeze WeChat, Alipay and bank cards. Once the funds enter, they will be frozen immediately.

The person subjected to execution should be placed on the big screen, and it is forbidden to take airplanes, high-speed trains and other means of transportation.

At the bottom of life, face is no longer important. I am floating in the rivers and lakes for three taels of silver.

Behind a successful person, you have experienced all these difficulties, even these difficulties have been knocked down. You are destined to be an ordinary person.

Shi Yuzhu survived hundreds of millions of debts.

Liu survived with nothing after being cheated.

Either be strong and live, there is still a long way to go in life.

Otherwise, you will die alone.

Related Q&A: Related Q&A: I owe Alipay and micro-loan online goods 1.5 million. If I am sued, will my house be executed by the court? It seems that there are more foreign debts, and Alipay and micro-loan credit should be better. However, each party owes 1.5 million yuan. If you go to court and have a house, you will definitely auction it in the end, even if it is the only house.

Will a house be executed by the court?

Will the only house in the name of the person to be executed be executed? This issue may be controversial before May 5, 20 15. Because the Supreme People's Court has promulgated the Provisions of People's Courts on Seizure, Seizure and Freezing of Property in Civil Execution, Articles 6 and 7 stipulate that the property that the person subjected to execution and his dependents need to maintain their lives can only be seized, but not executed. Real estate beyond the necessities of life, and meet certain conditions, can apply for execution.

In the process of judicial practice, for the sake of maintaining social stability, when these people have only one property under their names, the people's courts often stop executing it.

However, after May 5, 20 15, the Supreme People's Court officially issued the Provisions on Several Issues Concerning People's Courts Handling Objection Reconsideration Cases, which made it clear that only the house under the name of the person subjected to execution can be executed, because the people's court protects the right of residence of the person subjected to execution, not the ownership of the house.

What conditions need to be met to implement the only set of housing?

(a) enforcement of monetary claims

For the enforcement of monetary creditor's rights, the judicial interpretation issued by the Supreme People's Court has greater protection for the person being executed, and lists three situations that can be enforced:

If the person subjected to execution has a maintenance obligor, his maintenance obligor has a house and he must live in it to support himself. For example, as an old man, although he only has one house, his children have multiple houses, which is enough to guarantee his right to live. After the execution of the judgment document or other legal documents comes into effect, the person subjected to execution deliberately transfers other property under his own name in order to avoid debts, resulting in only one property under his own name. Simply put, there are many houses, but the real estate has been deliberately transferred. In this case, there is no principle to protect the executed person. The executor of the application is willing to provide habitable housing for the respondent and its dependents according to the area and standard of local low-rent housing security. After the auction, the application executor voluntarily deducts the rent for 5-8 years from the auction proceeds according to the average rent in the local rental market. (b) enforcement of non-monetary claims

The execution of this kind of non-monetary creditor's rights often involves disputes such as house transfer or house transfer. The obligation determined by the effective legal documents based on it is to require the person subjected to execution to deliver the house, and there is nothing to discuss. However, considering that the person subjected to execution may need a period of time to find a house, the general court will give a grace period of three months.

abstract

Alipay and micro-loan each owe 1.5 million yuan. If they enter the execution procedure after being sued, even if there is only one house under their name, it is impossible to be willful enough to execute the house.

As long as it conforms to the provisions of the relevant judicial interpretation, even the only house under the name of the person subjected to execution can be executed.