Is there any trick you can use on Lao Lai?

In the legal sense, "Lao Lai" generally refers to the actor who has the ability to repay the debts due, but refuses to repay all or part of the debts for some reason, and is called the person subjected to execution in judicial practice. Based on the lawyer's practical experience, the following are some experiences in dealing with Lao Lai for reference only.

Apply to the court to exhaust the enforcement measures against Lao Lai.

0 1 Apply for seizure (including pre-seizure)

Generally, tangible objects, such as land and houses, should be sealed up. The investigation and control measures of the subject matter with certificate are called seizure, and the investigation and control of the subject matter without certificate is called pre-seizure (it will be turned into seizure after obtaining the certificate).

02 Apply for freezing

Measures taken for equity, income, deposit account, receivable (due or unexpired) creditor's rights, etc.

03 application for seizure

Measures taken mainly for movable property such as vehicles, products and raw materials.

04 apply for transfer

Measures taken for deposits, wages, bonuses and other funds actually existing in financial institutions.

05 Apply for withholding (restricted withdrawal) income

Distribution, execution, wages, dividends, bonuses, rental income, unexpected income and other pre-control measures. What may happen in the future.

06 apply for withdrawal of income

For the above-mentioned money income that has already existed in the person assisting in execution, you can apply to the court for cancellation and ask the unit or individual responsible for assisting in execution to hand over the money to the court.

07 Compulsory Delivery Application

It is rare in cases of recovering bad debts, and sometimes it is forced to deliver property belonging to Lao Lai or tickets kept by a third party.

Apply for forced eviction from a house or land.

It can be applied to cases such as house sale, house lease, cancellation of lease or possession dispute, and it can also be applied to requiring users (occupiers) to vacate houses (land) after the court decides to auction, sell off or pay off debts.

Apply for property right transfer license

In the process of implementation, if it is necessary to go through the transfer procedures of real estate license, land certificate, forest right certificate, patent certificate, trademark certificate, vehicle and vessel license, equity and other related property rights certificates, the creditor or buyer shall apply to the court to issue an enforcement ruling to the unit with assistance obligation, and handle it in time.

10 Apply for evaluation, auction and sale.

Lao Lai is a natural person or other organization, and can apply to participate in the distribution when there is execution money in another case.

1 1 Apply for subrogation.

Lao Lai, who is lazy in exercising his creditor's rights, may apply to the court to issue a notice to fulfill his due debts. If the second Lao Lai has no objection or the objection is untenable, the creditor may apply for subrogation. Lao Lai has any objection to the performance of the due debt, and if the debt has not yet been judged, the creditor may bring a subrogation lawsuit; If the debt has come into effect and the second Lao Lai's objection is invalid, the creditor may directly apply for subrogation (note: Lao Lai shall apply to the court for execution within a reasonable time, otherwise, he shall directly apply for subrogation or apply for execution together).

There may be old-timers in the world. What is an old-timer? The implication is that if you owe money and don't pay it back, you still can't afford it, or you don't want to pay it back, you can't afford it. If you don't pay back the money, it's called Lao Lai. As for these people, it will be easy to apply for law enforcement. As for those who can't afford it, we must deal with it calmly. After all, forcing people who owe money to death will harm others and themselves. You should work with people who owe money. Time will solve all problems. Those who can owe you money before the game should have a good relationship with you. I also believe that people who owe money will appreciate you.

Subject's question: Now there are too many old lai, and the phone doesn't answer WeChat. If you can't call, you can't scold. Are there any tricks you can use? What should I do?

What is "Lao Lai"? There is a saying circulating now that "it is the uncle who owes money!" When you borrow money, you are a grandson, and when you pay back money, you are a grandfather. This is what we commonly call "Lao Lai". "Lao Lai" generally refers to a debtor who has the ability to repay his debts but refuses to repay them. In the legal sense, "Lao Lai", that is, a faithless person, refers to a person who has the ability to perform but fails to perform the obligations stipulated in the effective legal documents. Or refuse to perform the obligations specified in the effective legal documents that have the ability to perform.

How to deal with the debt? What should we do in the face of the problem of "Lao Lai"? In fact, I think that there are "old lai" who can't repay their debts, and almost everyone will have the opportunity to meet them. However, everyone's situation is different. Some "old lai" may owe very little money, and we may ignore it and then ignore it. Some people think it's worthless after all, but it's not worth it if we go after it. But in some cases, if Lao Lai owes us a lot of money, or the money is very important to us, we will face an important problem-how to recover the debt from Lao Lai? Because Lao Lai is Lao Lai after all, there is nothing to talk about. Let's talk about how to deal with these "old lai".

First, apply to the court to include "Lao Lai" in the list of people who have lost their trust, apply to the court to include "Lao Lai" in the list of people who have lost their trust, impose credit punishment according to law, and announce it to the public. According to China's "Several Provisions of the Supreme People's Court on the Information of the List of Executed Persons with Bad Faith", the specific provisions are as follows:

Article 1 If the person subjected to execution fails to fulfill the obligations specified in the effective legal documents, and under any of the following circumstances, the people's court shall include him in the list of people subjected to execution for breach of trust, and impose credit punishment on him according to law:

The consequences of "Lao Lai" being included in the list of people who have lost their trust;

Second, apply for a payment order. Lao Lai, who owes money, can sue the other party in court and apply for a payment order. Then what is a payment order?

Payment order is a legal document issued by the people's court to "Lao Lai" for repayment within a time limit according to the supervision procedure stipulated in the Civil Procedure Law and our application. For Lao Lai who refuses to pay his debts, we can directly apply to the grassroots people's court with jurisdiction to issue a payment order to inform Lao Lai to pay his debts. "Lao Lai does not raise any objection or perform the payment order within fifteen days from the date of receiving the payment order, we can directly apply to the court for enforcement.

To apply for a payment order, the following conditions must be met:

1, requesting "Lao Lai" to pay money or securities;

2. The requested payment or negotiable securities have expired, the amount has been determined, and the facts and evidence on which the request is based have been stated. (So if you want to lend money to people, you must leave the information of the loan and evidence to protect your legitimate rights and interests, in case you really meet Lao Lai. );

3. We have no other debt disputes with Lao Lai;

4. The payment slip can be given to Lao Lai.

When we file an application, the court will inform us whether to accept it or not within five days. After accepting the application, the court, after reviewing the facts and evidence provided by our company, finds that the relationship between creditor's rights and debts is clear and legal, and shall issue a payment order to Lao Lai within 15 days from the date of acceptance; If the application is not established, the application shall be rejected by an order, and no appeal shall be filed against the order. It is relatively quick and convenient to apply for a payment order without going through court proceedings.

Remarks: Learn about the latest laws and regulations from relevant local departments.

Third, other ways to deal with "Lao Lai" are to deal with "Lao Lai" through legal organs. Of course, in real life, not everyone will take Lao Lai to court. There are still many people. I hope to solve the debt problem of Lao Lai privately as much as possible.

We can also try these methods. Solutions are based on the premise of not breaking the law:

1. If you can't collect debts from Lao Lai, you can bypass the policy and announce the scandal of Lao Lai's debts to his interpersonal circle;

2. If the debt collector has a good job or a good way to start a business, he can introduce it to Lao Lai, so that Lao Lai can rely on labor to pay off debts;

3. Seek help from professional debt collection companies and let professional people handle professional affairs.

To sum up, if we really have the misfortune to meet an "old lai", I believe that many people will explode their mentality if they don't pay back the money owed to "old lai", and their mentality will be easily agitated and depressed, and they will even be unable to think rationally. At this time, we should be optimistic, otherwise it will easily lead to disputes with "Lao Lai", and the loss will outweigh the gain. Try to keep a positive attitude and mood when fighting with the old lai people. Being upset and depressed can't solve the problem. In the face of "Lao Lai", maintaining a good attitude will help us communicate with "Lao Lai" in a benign way. On the one hand, we understand their difficulties in not paying back their debts. On the other hand, we should let "Lao Lai" know our difficulties, explain our purpose rationally, and let those "Lao Lai" who deliberately find opportunities to delay pay off their debts immediately. We should also protect ourselves, nip in the bud, do a good job of investigation before borrowing money, ask more about this person, leave necessary IOUs, and clearly write down important information such as the loan amount and repayment date. If we really encounter "Lao Lai", the information in our hands is important evidence to protect us.

Take a friend of mine as an example. Everyone who collects money calls him Lao Lai! He has never been executed by the court. How did he become Lao Lai? He borrowed an online loan, and he paid back what he should have, but he didn't pay back what he shouldn't have. What should be returned, such as immediate financial management, Gitzo Finance, comfortable flowers, installment, ant borrowing, ant spending, JD.COM white bars, flash housekeeper, flash silver supreme, Qian Bao, you and me loan, pat loan, WeChat cash loan and two credit cards. He even paid off a large sum of money with interest. It was overdue several times in the middle, and it was also slightly collected. Loyal and rich, shining with silver and humming, I want to pay it back. One day after the deadline, I urged someone he didn't understand to say, and he broke the address book and called the contact person. I remember calling me back several times, but I said I didn't know, I didn't know. Ha ha! The collection angered my friend and was one year overdue. The rest are 7 14 anti-aircraft guns, 5-day anti-aircraft guns, playboy, playboy shopkeeper. I heard that there are more than 300 mouths. What are the loan treasures? Today, these are illegal usury, and in the shortest three days, he said that he would never pay back!

My friend also told me that there is another kind of online loan called hand in hand. This is the finance and intermediary of the online loan company, making money in partnership and making holes for you at will. You refused to submit your application for registration. You tell the financial mobile phone number and name, and the financial back office will give the operator a quota of 5,000 yuan. When it reaches 3,500 yuan, it will return 2,200 yuan to the financial company and the intermediary 300 yuan, and you will get 1 1,000 yuan. These are confidential and usually operate at 3 pm. I don't know exactly. This finance is not authentic. Let the boss's money go out like this and make a profit! Do 20 people a night, and each person will return 2200 yuan. Lying in the trough, earning 40 thousand overnight, it's really bad for the boss to have such finance for eight generations. If I were the treasurer, I really wouldn't dare to do it. If I am reported, I will go to prison!

No money to work hard is the last word! Dare not borrow online loans. If you have a lot of money, please save it and don't lend it out casually. In a money society, there are many people who borrow money and don't pay it back. The collection can't be brought back. That man has no money, and he has no money when he dies, and he has to bear the legal responsibility of collection. I heard that the work of collection is to call the borrower's address book from morning till night to ask for money to offend people, but I won't do it! I am a hotel chef. I just hold the frying spoon well and eat by my strength! Holidays are boring and messy! ! Laughed! ! ! !

First, Lao Lai is too common in the process of our lawsuit, and often won't get the money if he wins the lawsuit.

Second, Lao Lai falls into two categories. One is not paying everything back. For this kind, you should check the property under his name. However, some Lao Lai has already moved. Then you have to find evidence that he took away the funds, which is more difficult in practice. The other is people who are in debt of tens of millions or hundreds of millions. They are generally engaged in enterprises, have good psychological quality and are willing to repay, but they have no money to repay. In the end, you can only expect him to come back to life to pay you back.

Third, in practice, after winning the case, after we apply to the court for enforcement, we will generally apply to the court at the same time to include Lao Lai in restricting high consumption and the person who has lost his trust. For people who often travel by plane and high-speed rail, this trick is still useful. It doesn't matter to people who don't keep their word We directly contacted an old lai, and every time the creditor went to him to pay back the money, he apologized to the creditor, with a particularly good attitude, but he just couldn't pay back. ...

Fourth, I really asked you a question. Shall we fight? Intentional injury, you have to pay for the injury. Why don't you lock him up and illegally detain him?

Finally, what is the solution? From a legal point of view, you really have to try your best to find out Lao Lai's hidden assets and apply to the court for seizure and freezing as soon as possible. Of course, in some cases, if you catch Lao Lai with something, you can also use it to play a game with him and try to get more money back.

You can't call everyone who borrows money Lao Lai. Most people are honest, but for some reason, they are in financial difficulties and can't afford it for the time being. Some people obviously have the ability to repay, but they find various excuses not to pay back, and even refuse to pay back the money after suing the court. These people are really lazy.

This problem has troubled many creditors. I was a creditor myself. How many people think that the hard-earned money accumulated day and night may not come back? This anxiety makes me toss and turn, and I can't sleep at night. Three meals a day are tasteless! In modern society, you can neither beat and scold Lao Lai nor detain him, otherwise, what is reasonable may become unreasonable. You can ask for it at home. Once the emotions get out of control, conflicts break out, and it may even be suspected of breaking the law. How to break it? The author believes that in a society ruled by law, the only way is to keep relevant evidence, take the other party to court, use legal channels to safeguard rights, and let the other party pay back the money and repay the interest loss through a court ruling.

Even if the other party is pretending to be a pig, even some Lao Lai will transfer his property through fake divorce before the incident, trying to evade his responsibilities and unwilling to fulfill his repayment obligations. What should we do?

As mentioned earlier, litigation is the only solution. Once the court judges the other party to pay back the money, if the other party still fails to pay back the money within the time stipulated in the judgment, it will decisively apply to the court executive board for enforcement.

If you meet a cunning and stubborn Lao Lai, who has quietly transferred his property, you think the court or creditors can't take him. You are prepared to carry him to the end without paying back the money. If the execution fails after a period of time, the Executive Board will temporarily terminate the contract (please note: temporary termination refers to the temporary suspension of execution, but the court's judgment is always valid. As long as the other party fails to repay the arrears, the creditor or the court may resume execution at any time once it finds any executable property under Lao Lai's name.

In this case, the creditor should immediately request the executive board of the court to pull the debtor into the blacklist of the State Grid and the list of untrustworthy persons, and at the same time restrict it. For Lao Lai who evades court enforcement by transferring property, maliciously owes money, has no sincerity in repayment, and refuses to actively communicate and negotiate repayment with creditors, creditors can choose to apply to the Executive Board to detain the other party during the Spring Festival or Mid-Autumn Festival every year, once a year 10- 15 days, as long as the other party does not repay, there is no upper limit.

As a creditor, this is your right given by law. Even if you can't get your hard-earned money back temporarily, at least, the law will help you out first. Lao Lai is afraid of being detained during the New Year, which is also a criminal record.

If Lao Lai doesn't pay back the money all the time, the rest of his life will be basically ruined, and it will even affect the next generation to a great extent. (If readers are interested, you can check out another article on my homepage about the consequences of Lao Lai's blacklisting and the list of untrustworthy people. )

At this time, Lao Lai will repeatedly weigh the pros and cons of choosing to pay back the money or continue to be Lao Lai. Only through continuous efforts, creditors can actively seek legal channels, use the law to safeguard their legitimate rights and interests, never give up on the road of safeguarding rights, actively cooperate with the law enforcement bureau, and notify the court executive board as soon as there is a clue, so that Lao Lai feels in his heart that if he does not pay back the money, creditors and the court will never give up in this life!

At the same time, the whole society should also create an atmosphere in which old people are treated as rats crossing the street and everyone shouts and beats them. Let those who want to avoid debt by being lazy really can't, dare not and don't want to do it. It is everyone's responsibility to build an honest society and a credit society, because it is beneficial to everyone.

Finally, the author wants to say that in a legal society, please cherish your credit information. Remarks: Lao Lai refers to a debtor who maliciously owes money, or achieves the purpose of not paying back money through illegal means such as fake divorce and transfer of property, or fails to pay back money after a court decision.

The reason is that the legal system is not perfect and the law enforcement is weak!

1. Once the court decides to return it, it should go directly to the execution procedure.

2. The victim does not have to provide the property information of the deadbeat, but the court should directly publish the property information of the deadbeat.

3. The court directly announced the auction procedure and transferred the money in all banks, WeChat, Alipay and insurance accounts for compensation.

4. Auction the company to partners or society at a low price.

5. Reduce the price by 50% at each auction until the transaction is completed.

6. real-name registration system audited three generations of assets for debt repayment.

..... With thunderous potential, don't let the king worry.

Among them, it is estimated that there are more fake old lai. Imagine who would rather be a good person than a bad person. If the bank is willing to repay only the debtor's principal and carry out personalized installment, I think China's laolai will be reduced by 80% or even more. Most of the fake old lai is unable to pay his debts and his survival is in doubt. A few people will be willing to rush their limited funds into the penalty interest, so they will never finish it. Maybe no bank or lending institution wants to do this. After all, their purpose is to make money. This will only force the fake old lai to see the hope of return and become a real old lai.

"Why should I pay back the money I borrowed?" This is the so-called Lao Lai.

Sister Kuan, here are some ways to help you:

4 strokes:

Move 1: Follow the winding method.

It is understood that Lao Lai is most afraid of "chasing after" debt collectors. Send a suitable person to follow the tactics, and you will follow the debtor wherever he goes. As long as the other party doesn't pay back the money, you will follow him to the end. Wherever the debtor goes, you will follow, walk in front, chase after, and hold tightly and firmly.

The second measure: announce the list to the media.

According to the provisions of Article 255th of the Civil Procedure Law of People's Republic of China (PRC):

If the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may take or notify the relevant units to assist in taking measures such as restricting exit, recording in the credit information system, publishing information on non-performance of obligations through the media and other measures prescribed by law.

The third measure: the court debt collection law

To take up legal weapons against Lao Lai, we must collect evidence of Lao Lai's wealth from various channels.

For example: whether to buy a house or a car in a foreign country; Apply for a trumpet to sneak into Lao Lai's circle of friends and observe whether to show off your wealth; Whether you are in debt or not, you still go whoring, gambling and so on.

Once the evidence is conclusive, inform the court as soon as possible, and the court will take corresponding measures according to law.

Lao Lai will also be punished accordingly: he will be included in the list of people who have lost their trust, restrict high consumption, be detained and fined, and be sentenced to jail.

The fourth measure: reporting debt collection law

Pay attention to skills in debt collection. Running after Lao Lai's ass all day, the result is often unsatisfactory. It's better to change your mind and urge him several times more at the critical moment.

For example, Lao Lai is a businessman. When he is talking about business, you rush to ask him to pay back the money. The other party is worried that their business will be ruined and their reputation will be ruined. Most of them will pay back the money to eliminate the disaster.

Or: generally, if you don't pay back the money, there will be problems with your character. Find out if Lao Lai may have violated the law in the company, seize his handle and ask him to pay back the money.

Actually, prevention is the best way. How to prevent it?

Before lending, it is necessary to evaluate the borrower's quality and repayment ability. Taking a precautionary measure before lending can save the following steps, so how to do it?

To prevent encountering "Lao Lai", you can remember the following three points:

1. Before selling on credit, we must first evaluate the quality and repayment ability of the other party;

2. When signing the payment with the company or the company, there should be a third-party witness present, and relevant contracts or certification materials should be prepared;

3. Bring recording equipment when necessary. Lao Lai was sued and the court supported the recorded evidence.