It is extremely difficult to collect debts during an economic downturn__Remind creditors of this

Is it extremely difficult to collect debts during an economic downturn? Remind creditors of this.

It is really difficult to seal the other party’s property in practice, mainly in two aspects.

First of all, the operation is slow. The court's online case filing + offline confirmation is slow; when it comes to arbitration transfer to court preservation, it is slow, slow. The reason is that the epidemic factors combined with some unfounded reforms have resulted in low efficiency. Secondly, feedback is slow. Whether it has been sealed or not, how much has been sealed, or it seems that the amount has not been sealed, the court has been slow to tell the parties and lawyers. you guess. After bombarding with phone calls, the court business department said they would ask the security department, but there was still no feedback. Anyway, just wait, no one knows. Next, let’s talk about what to do when you don’t know the specific property situation of the other party and only have preliminary clues during preservation.

What to do if there are only preliminary clues for property preservation.

Let’s first look at the regulations of the Supreme Court. Reference article: "Article 10: When a party or interested party applies for property preservation, it shall provide clear information on the property to be preserved to the people's court. If a party applies for property preservation during litigation and is unable to provide clear information on the property to be preserved due to objective reasons, If specific property clues are provided, the People’s Court may rule to take property preservation measures in accordance with the law.”

“Article 11 If the People’s Court makes a preservation ruling in accordance with the provisions of Article 10, Paragraph 2 of these Provisions, the People’s Court shall make a ruling in that ruling. During the enforcement process, the person applying for preservation may apply in writing to the enforcement court that has established an online enforcement inquiry and control system to inquire about the property of the person being preserved. If the person applying for preservation makes an inquiry application, the enforcement court may use the online enforcement inquiry and control system. Conduct inquiries on the property that has been ruled to be preserved or within the scope of the preservation amount, and take corresponding measures to seal, detain, and freeze.”

From the above, it can be seen that if the parties do not have clear property information but have specific clues, You can apply to the court for online investigation and prosecution, but it is up to the court to decide whether it agrees.

It is worth noting that the "Guangzhou Intermediate People's Court's Reply to the Representative Suggestions No. 20222143 of the First Session of the 16th Municipal People's Congress" issued by the Guangzhou Intermediate People's Court on June 15, 2022 Sino-French Letter (2022) No. 41, the requirement is: "The parties have provided specific property clues that meet the standard of proof and can point to specific properties."

Expand the above provisions: "The People's Court shall directly take preservation measures based on the clear property information to be preserved provided by the applicant. If it is true that due to objective reasons, the applicant is unable to provide clear property information , specific property clues must also be provided. If the conditions are met, the People's Court can verify the property clues through the online search and control system upon request and then take preservation measures, instead of directly helping the applicant to inquire about the respondent's property.

From this perspective, the property subject matter provided by the applicant for preservation should be clear, specific, and existing. Even if the applicant for preservation cannot accurately obtain comprehensive and accurate information about the property to be preserved, the minimum standard must be to provide proof that the property truly exists. Evidence rather than inferred and vague property clues. In specific cases, the judge must fully consider the possibility of the person applying for preservation to win the case, the possibility and degree of infringement of the property privacy of the person being preserved by using the investigation and prosecution system, and other factors. Grasp. ”