Joke Collection Website - Bulletin headlines - In the current business environment, enterprises should sue as soon as possible to recover their debts.
In the current business environment, enterprises should sue as soon as possible to recover their debts.
Do business owners need to sue decisively under the epidemic situation? The answer is yes. Admittedly, it is necessary to evaluate the success rate and do a lot of preparatory work before prosecution, but as far as the general route is concerned, it is recommended to prosecute decisively.
Case review: after inquiry and research, it is limited to a real estate in Zhongshan that is most likely to be executed, but the real estate was pre-sold when it was sealed up and the real estate license has not been issued; In addition, the enforcement judge is not very active, because this is foreign property and the site must be cleared for Kyrgyzstan. During this period, lawyers regularly urged the court to communicate repeatedly. I also went to Zhongshan on business twice, went to the housing management department and the bank to understand the situation, and then accompanied the court personnel to inspect the real estate on the spot.
However, during this case, three judges were changed, some of them were transferred from work and some were on maternity leave, and the impact of the epidemic was full of twists and turns. Thankfully, recently, at the dawn, the court intends to go through the evaluation auction procedure. From this actual case, it can be seen that the inconvenience of travel and negotiation under the epidemic situation, coupled with the slack attitude of some court staff, will indeed affect the efficiency of implementation.
Why do you also suggest that business owners who defend their rights decisively sue?
√ First of all, the issue of prescription-you need to get a successful judgment or civil mediation first.
According to the law, a case has a statutory statute of limitations. Under normal circumstances, if you don't claim your rights within three years, you will lose the right to win the lawsuit. In other words, when the dragged money needs rights protection, the first thing the business owner should do is to win the lawsuit, which is the premise. It would be great if both parties can reach a mediation after the lawsuit, at least it can greatly save the time of the lawsuit. Because civil mediation and civil judgment have the same legal effect. Therefore, there is no need to wait for judgment and appeal, but to apply for enforcement.
Second, you can play and tune.
Influenced by the culture of China people, harmony is the most important thing, and no one wants to go to court. Therefore, the mediation system runs through the whole litigation mediation system in order to promote peace. That is, after one party files a lawsuit, it can still reach a mediation agreement with the other party. As mentioned above, the conciliation statement and the written judgment have the same legal effect.
Some customers have considered the follow-up business cooperation, or have not made up their minds and delayed prosecution. The suggestion is to file a lawsuit as soon as possible unless there is obvious room for change. Logically speaking, if the other party is sincere, there is a great possibility of reaching mediation. With mediation, you can apply for enforcement, which is the direct guarantee of judicial enforcement. If the other party is not sincere, it is very wise to file a lawsuit as soon as possible.
For example, in the above cases, the lawyer and the other party also settled under the auspices of the court. The other party said that there was no money, and he could only pay for it like toothpaste every month. Customers simply can't accept it, so they continue to push the court to auction the property.
Third, you must act rashly.
Another important reason for proposing to file a lawsuit as soon as possible is that your debtor may have more than one creditor. When the debtor's economy has been or is on the verge of explosion, other creditors will come in and share a piece of the action.
Fourth, enter the program one day earlier and end the program one day earlier.
As mentioned above, it is precisely because litigation cases are affected by many factors, which are inefficient and slow. Therefore, as soon as you enter the proceedings, you can solve the problem as soon as possible and get rid of the dispute completely. It's like buying a house in a first-tier city. It's always good to buy it early. When it comes to litigation, we have to mention the issue of litigation preservation. Litigation preservation is an important link in litigation, that is, before litigation, applying for sealing up or seizing the property of the other party.
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