Are there any tricks I can use on Lao Lai?

In a legal sense, "Lao Lai" generally refers to an actor who has the ability to repay due debts, but refuses to repay all or part of the debts for some reason. In judicial practice, it is called "Lao Lai". The person being executed. Based on the practical experience of lawyers, let’s talk about some experiences in dealing with “old people” for reference only.

Apply to the court to exhaust enforcement measures for Laolai

01 Apply for seizure (including pre-seizure)

Generally for visible and tangible physical objects Seizure measures must be taken, such as land, houses, etc. The inspection and control measures for the subject matter that has a certificate are called seizure, and the inspection and control measure for the subject matter that has not been certified is called pre-seizure (which will be converted to seizure after the certificate is obtained).

02 Application for freezing

Measures taken on equity, income, deposit accounts, debt receivable (due or undue), etc.

03 Application for seizure

Measures mainly taken against movable property, such as vehicles, products, raw materials, etc.

04 Apply for transfer

Measures taken against deposits, wages, dividends and other funds that actually exist in financial institutions.

05 Application for Withholding (Restricted Withdrawal) Income

Preliminary measures for distributions, execution funds, wages, dividends, dividends, dividends, rental income, incidental income, etc. that may occur in the future control measures.

06 Apply to withdraw income

For the above-mentioned income that already exists with the person assisting the execution, you can apply to the court to withdraw it, and require the unit or individual responsible for assisting the execution to transfer the money to the court. payment.

07 Application for compulsory delivery

It is less common in cases of recovering bad debts. Sometimes, it is the forced delivery of property or bills belonging to the old debtor who are in the custody of a third party.

08 Application for forced eviction of a house or withdrawal of land

It can be applied to cases such as house sales, house leasing, lease or occupation disputes, and also applies to the court ruling on auction, sale or After paying off the debt, the user (occupier) is required to vacate the house (land).

09 Application for transfer of property rights certificates

During the execution process, it is necessary to apply for real estate certificates, land certificates, forest rights certificates, patent certificates, trademark certificates, vehicle and vessel licenses, equity and other relevant property rights certificates. For transfer procedures, the creditor or buyer should apply to the court to issue an execution ruling to the unit with the obligation to assist and handle it in a timely manner.

10 Application for appraisal, auction, and sale

For those who are natural persons or other organizations, they can apply to participate in distribution when there is execution money in another case.

11 Apply for subrogation

If the lao lai fails to exercise his creditor's rights, he can apply to the court to issue a notice to perform the due debt. If the lao lai has no objection or the objection is not established, the creditor can apply Subrogation. If Cilaolai objects to the performance of the due debt and the debt has not been adjudicated, the creditor can file a subrogation lawsuit; if the debt has been adjudicated, Cilaolai's objection is invalid, and the creditor can directly apply for subrogation (Note: If Laolai Those who have not yet applied for execution must apply to the court to request them to apply for execution within a reasonable period, otherwise they will be directly forced to perform subrogation or apply for combined execution).

There may be laodai in the world. What is lao Lai? The implication is that if you don’t pay back the money you owe, you still can’t afford it, you still don’t want to pay it back, and you can’t afford it, that’s a different matter. You can’t be a laibo. If you don't pay back your money, you are called a laozi. As for this group of people, it is easy to deal with them and they can apply for legal enforcement. As for those who cannot afford to pay back, they should deal with it calmly. After all, forcing those who owe money to death will harm others and themselves. You should work together with the person you owe money to find a solution. Time will solve all problems. After all, the person who owes you money should have a good relationship with you: I also believe that people who owe money will be grateful to you. The subject’s question: There are too many old people nowadays. They don’t answer calls or WeChat messages, and they can’t be beaten or scolded.

Are there any tricks I can use? what to do?

What is "Lao Lai"?

There is a widely circulated saying now, "It is the uncle who owes money!" When borrowing money, it is the "grandson", and when it is time to pay back, it is the "uncle". This is what we commonly call "Lao Lai". "Lao Lai" generally refers to a debtor who is able to repay his debts but refuses to do so. In the legal sense, "laolai", that is, the person subject to execution for breach of trust, refers to the person subject to execution who has the ability to perform but fails to perform the obligations specified in the effective legal document. Or it refuses to perform the obligations specified in the effective legal documents if it has the ability to perform. How to deal with a debtor who refuses to pay back his debts?

Faced with the problem of "Lao Lai", what should we do? In fact, I think there are "laodai" who don't repay their debts, and almost everyone will have the opportunity to meet them. However, everyone's situation is different. Some "laodai" may owe very little money, and we may not care about it. , and then ignored it. Some people think that it is not worth much money after all, and it will not be worth it if you keep asking for it. But in some cases, if the "Lao Lai" owes us a lot of money or the money is very important to us, and we have to ask for it, we will face an important question - how to collect the debt from the Lao Lai? Because Lao Lai is Lao Lai after all, and there is no reason to argue. Let’s talk about how to deal with these “Lao Lai”.

First, apply to the court to include "Lao Lai" in the list of dishonest persons subject to execution

Apply to the court to include "Lao Lai" in the list of dishonest persons subject to execution and impose credit penalties on him in accordance with the law , and announced to the public. According to my country's "Several Provisions of the Supreme People's Court on Information on the List of Dishonest Persons Subject to Execution", the specific provisions are as follows:

Article 1: The person subject to execution fails to perform the obligations specified in the effective legal document and has one of the following circumstances: , the people's court should include him in the list of dishonest persons subject to execution and impose credit punishment on him in accordance with the law:

"Lao Lai" should be included in the list of dishonest persons subject to execution. Consequences of the list:

Second, apply for a payment order

For those who do not repay the money they owe, you can sue the other party in court and apply for a payment order. So what is a payment order?

A payment order is a legal document issued by the People's Court to "Laolai" for repayment within a time limit based on our application in accordance with the supervision procedures stipulated in the Civil Procedure Law. For "Lao Lai" who refuses to repay their debts, we can directly apply to the grassroots people's court with jurisdiction to issue a payment order and notify the "Lao Lai" to repay the debt. If the "Lao Lai" does not raise objections and does not fulfill the payment order within fifteen days from the date of receipt of 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 the "Lao Lai" to pay money or securities;

2. Requesting payment The money or securities have matured and the amount is confirmed, and the facts and evidence on which the request is based are stated. (So if we want to lend money to someone, we must leave the IOU information. In case we really encounter a bad guy, we There is also evidence to protect our legitimate rights and interests);

3. We have no other debt disputes with "Laolai";

4. The payment order can be served to "Laolai".

When we submit an application, the court will notify within five days whether it will accept it. If after the court accepts the application, after reviewing the facts and evidence provided by us, the creditor-debt relationship is clear and legal, it shall issue a payment order to the "Laolai" within 15 days from the date of acceptance; if the application is not established, the court shall rule to reject the application. , the ruling is not subject to appeal. Applying for a payment order does not have to go through the court process, so it is relatively quick and convenient.

Note: For specific information, please check with the relevant local departments to learn about the latest regulations.

Third, other ways to deal with "Lao Lai"

The above two points are to deal with "Lao Lai" through legal agencies. Of course, in real life It is not necessarily true that everyone will take the "Lao Lai" to court. There are still a large number of people who hope to solve the "Lao Lai" debt problem privately as much as possible.

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

1. If you fail to collect debts from the old man, you can use a roundabout policy to remove the old debt. The scandal of Lai's debt will be exposed to his social 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 and let him work to offset the debt;

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3. Turn to a professional debt collection company and let professionals handle professional matters.

The last words

In summary, if we are really unfortunate enough to meet a "Lao Lai", I believe that we will not owe the "Lao Lai" any money. Many people will have an explosive mentality due to this matter, and they will easily become irritable and depressed, and cannot even think about problems rationally. At this time, keep an optimistic attitude, otherwise it is easy to have disputes with "old people", which is not worth the gain. We must try our best to maintain a positive attitude and mood when we are fighting with the old gangsters. Being irritable and depressed will not solve the problem. When facing "Lao Lai", maintaining a good attitude can help us have healthy communication with "Lao Lai". On the one hand, we understand their difficulties in not paying back their debts, and on the other hand, we must let "Lao Lai" know that we are It is not easy for us to express our purpose in a reasonable and reasonable manner, so that those "old people" who deliberately look for opportunities to delay can pay off their debts immediately. We must also protect ourselves and take preventive measures before borrowing money. We must do research before borrowing money, ask more about the person's situation, leave the necessary loan note, and clearly write down the loan amount, repayment date and other important information. Really When we meet a "lao Lai", the information in our hands is important evidence to protect us.

Take a friend of mine as an example. Those who work in collections call him Lao Lai! He has never been executed by the court, so how can he become a deadbeat? He had taken out an online loan, paid back what he should have paid, and never paid back a cent of what he shouldn't have. What should be paid back, such as Immediate Finance, Home Credit Finance, Anyihua, Lai Installment, Ant Borrowing, Ant Huabei, JD Baitiao, Flash Butler, Flash Silver Supreme, Yongqianbao, Youwedai, Paipaidai, Weixin Cash loans and two credit cards were listed on the credit report. He paid off the large ones with interest. It was overdue several times and was lightly collected. Xin Er Fu, Shan Yin Heng, I originally planned to pay it back, but one day after the due date, I was reminded that I didn’t understand human language, exploded his address book, typed contacts, and photos. I remember calling me several times, but I said I didn’t recognize him. have no idea. Ha ha! The collection irritated my friend, and he didn’t take care of it until it was overdue for a year! The rest are all 714 anti-aircraft guns, 5-day anti-aircraft guns, Playboy, the shopkeeper of Playboy heard that there are more than 300 loans, what other loan treasures are there, these are all illegal loan sharks, the shortest is 3 days, these he said he Even if you die, you won’t pay it back!

My friend also told me that there is another kind of online loan called hand in hand. This is where the finance of the online loan company has an affair with the intermediary. With the financial mobile phone number and name, the financial backend will give you a 5,000 limit for the operation, and you will get 3,500 yuan. Then you will return 2,200 yuan to the finance, 300 yuan to the intermediary, and you will get 1,000 yuan. These are kept confidential and are usually operated at 3 o'clock at night. I don’t know the specifics. This financial situation is unethical. Just release the boss’s money and make a fortune! If you do 20 people in one night, you will get 2,200 yuan back per person. Damn it, I made 40,000 yuan in one night. The boss is really unlucky for eight lifetimes with such financial resources. If I were in this position of finance, I wouldn't dare to do this. If someone reports me, I'll be jailed!

Working hard when you have no money is the last word! I wouldn’t dare take out an online loan. If you have a lot of money, please save it instead of lending it out casually. In the money society, there are many people who borrow money and refuse to repay it. Collection cannot be done back. That person has no money, and there is no money even if he is forced to die. Moreover, he will bear legal responsibility for collection.

I heard that the job of collection is to call the borrower's address book from morning to night to ask for money. I won't do anything that offends people! I am a hotel chef. I just hold the stir-fry ladle and rely on my strength to eat! I'm bored on vacation and I'm just posting! ! What a joke! ! ! !

Firstly, it is very common for us to be accused of cheating in lawsuits. We often get no money if we win the lawsuit.

Secondly, there are two categories of laozi. One is those who don’t pay back what they have. For this type, you have to check the property in his name. However, some laozi have already transferred it. Then you have to find evidence that he evacuated funds, which is relatively difficult in practice. The other type is those with debts of tens or hundreds of millions. Most of these people are entrepreneurs, have good psychological quality, and are willing to repay. However, they have no money to repay. In the end, you can only hope that they will come back to life to repay. your money.

Third, in practice, after winning the case, after we apply to the court for enforcement, we usually apply to the court at the same time to limit the high consumption of the old man and include him as a defaulter. This trick is still useful for those persons subject to execution who often have to negotiate business on airplanes and high-speed trains. It doesn't matter to them whether they break their promises or break their promises. We have direct contact with an old debtor. Every time a creditor goes to him to pay back money, he apologizes to the creditor and has a very good attitude. However, he just has no money to pay back...

Fourth, I really want to ask you a question. You mean, fight? For the crime of intentional injury, you have to pay compensation if you are injured. Lock him up? Unlawful detention.

Finally, what is the solution? From a legal perspective, you really have no choice but to find out the Lao Lai's hidden assets and apply to the court to seal or freeze them as soon as possible. Of course, under certain circumstances, if the old guy has something to do and you catch him, you can also use this to game him and try to get more money back.

We cannot collectively call all people who have borrowed money "Lao Lai". Most of them are honest people, but they just have financial difficulties due to some reasons and cannot pay back the loan temporarily. Some people clearly have the ability to repay, but they find various excuses to default on their debts, and even refuse to repay after going to court. These people are the real bad guys. This problem has troubled many creditors. The author myself was once a creditor. How many days and nights did I think that the hard-earned money I had saved might not be returned. This anxiety made me toss and turn, unable to sleep at night, and my three meals a day were tasteless. !

In modern society, you can neither beat or scold nor detain an old man, otherwise what is reasonable may become unreasonable. You can come to ask for help. Once your emotions are out of control and a conflict breaks out, you may 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 retain relevant evidence, take the other party to court, use legal means to protect rights, and make the other party repay the money and interest losses through court rulings.

Even if the other party is pretending to be a pig, before the case, some old people will even transfer their property through fake divorce and other methods in an attempt to evade responsibility and are unwilling to fulfill their repayment obligations. So what should we do?

As mentioned earlier, litigation is the only way to solve the problem. Once the court orders the other party to pay back the money, if the other party still does not pay back the money within the time specified in the judgment, then decisively apply to the Court Enforcement Bureau for enforcement.

If you encounter a cunning, shameless old man who has quietly transferred the property and thinks that neither the court nor the creditor can do anything to him, he is prepared to fight to the end without paying back the money. After a period of time, the enforcement is fruitless, and the Enforcement Bureau will temporarily terminate the debt (please note: Temporary closure means that the enforcement is temporarily suspended, but the court's judgment will always be effective. As long as the other party has not repaid the debt, the creditor or Once the court finds out that there is any enforceable property in Laolai's name, it can resume enforcement at any time.) In this case, the creditor should immediately request the court's enforcement bureau to add the debtor to the national network's blacklist and list of dishonest persons subject to enforcement. At the same time, there is a height limit.

For those who avoid court enforcement by transferring property and other means, maliciously refuse to repay the money they owe, and have no sincerity in repaying, and are unwilling to actively communicate with creditors to negotiate repayment, creditors can choose to During the Spring Festival or Mid-Autumn Festival every year, apply to the Enforcement Bureau to detain the other party for 10-15 days, once a year. As long as the other party does not repay the money, there is no upper limit for this time.

As a creditor, this is the right given to you by the law. Even if you cannot get your hard-earned money back for the time being, at least the law will help you get rid of the bad breath in your heart. There is still some fear of being detained, and at the same time, this is considered a criminal record.

If the old man never repays the money, then the second half of his life will basically be ruined, and it will even affect the next generation to a great extent. (Readers who are interested can check out another article on my homepage that describes the consequences once the Lao Lai is on the blacklist and the list of dishonest persons)

At this time, the Lao Lai will repeatedly weigh in his mind whether to pay back the money or continue. The pros and cons of being a bad debtor are that creditors can only make continuous efforts, actively seek legal channels, use the law to protect their legitimate rights and interests, never give up on the road to rights protection, actively cooperate with the law enforcement bureau, and notify the court enforcement bureau whenever there are clues, so that the old bad guy can I feel deep down in my heart that if I don’t pay back the money, neither the creditors nor the court will let go and give up in this life!

At the same time, the entire society must also create an atmosphere in which old people are treated like rats crossing the street and everyone calls for beatings. People who try to avoid debt by being a deadbeat really can't do it, don't dare to do it, and don't want to do it. To build a trustworthy society and a credit reporting society, everyone has the responsibility to maintain it, because it is beneficial to everyone. Finally, the author wants to say that in a legal society, please cherish your credit report.

Note: Lao Lai refers to those who maliciously owe money and fail to pay it back, or achieve the purpose of not paying back the money through fake divorce, transfer of property and other illegal means, or who have the ability to repay the money but still refuse to pay the money after the court judgment. A debtor who does not pay back his money.

The reason why it exists is because the legal system is imperfect and law enforcement is weak!

1. Once the court determines the return, it should directly enter the execution procedure.

2. The victim does not need to provide the property information of the defaulter. The court should directly announce the property information of the defaulter.

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

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

5. The price will be reduced by 50 for each auction until it is sold.

6. The real-name system checks the assets of the third generation and uses them to pay off debts.

…Execute it with thunderous force, don’t let the common people worry.

There are probably many fake scammers among them. Just imagine who would rather be a good person than a bad guy. If banks were willing for debtors to only repay the principal and make personalized installments, I think the number of scammers in China would decrease by 10%. Eighty or more. Most of the fake old people are unable to repay their debts, and their survival is a problem. A few people are willing to use their limited funds to pay interest liquidated damages, which means they will never be able to pay off their debts in a lifetime. Maybe no bank or lending institution wants to do this. After all, their purpose of existence is to make money. This will only force the fake old people who cannot see the hope of repayment to become the real old people.

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

Sister Fian will give you a few tips here, hoping they can help you:

4 moves:

Move 1: Follow the entanglement method

It is understood that what Lao Lai is most afraid of is the debt collector who is "persevering in pursuit". Send a suitable person to follow the tactics. You will follow the debtor wherever he goes. As long as the other party does not pay back the money, you will follow him. After all, wherever the debtor goes, you go there, walk in front, chase after him, cling tightly and refuse to let go.

Tip 2: Announce the list to the media

According to the " Article 255 of the Civil Procedure Law of the People's Republic of China stipulates:

If the person subject to execution fails to perform the obligations specified in the legal document, the People's Court may take action against him or notify the relevant unit to assist in taking action. Restrictions on leaving the country, recording in the credit reporting system, publishing information on non-performance of obligations through the media, and other measures prescribed by law.

Tip Three: Court Debt Collection Law

To use legal weapons to deal with Lao Lai, you must collect evidence of Lao Lai’s money from multiple sources.

For example: whether to buy a house or a car in other places; apply for a trumpet account to infiltrate the Lao Lai's circle of friends and observe whether he shows off his wealth; whether he still goes to prostitutes and gambles despite being in debt, etc.

Once the evidence is conclusive, inform the court as soon as possible and the court will take corresponding measures in accordance with legal provisions.

Lao Lai will also be punished accordingly: included in the list of dishonest persons subject to execution, restricted high consumption, detained and fined, sentenced to jail, etc.

Tip 4: Report debt collection methods

Debt collection also requires skills. Chasing after the old guy all day long will often lead to unsatisfactory results. It is better to change your thinking and press several times at critical times. It may be more effective.

For example, if Lao Lai is a businessman, then when he is discussing business, you rush to him to pay him back. The other party is worried that the business will be ruined and his reputation will be ruined, so he will probably pay him back to solve the problem.

Or: Generally, the lao Lai who refuses to repay the money will have character problems. Check that the Lao Lai may have illegal behavior in the company, seize him, and make him pay back the money obediently.

In fact, prevention is the best way. How should we prevent it?

Before lending money, you need to evaluate the borrower's quality and repayment ability. Taking precautions before lending money can save the subsequent steps. So how to do it?

To prevent encountering "laodai", we can remember the following three points:

1. Before selling on credit, you must first evaluate the other party's quality and repayment ability;

2. When the other party signs the payment for the goods to itself or the company, a third-party certifier must be present and prepare relevant contracts or certification materials;

3. Bring a certificate if necessary When Lao Lai was prosecuted, the court supported the recording evidence.