【法院动态】决胜执行攻坚战|被执行人拒不还款 执行拘传促执结

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On July 4, 2019, the Executive Committee of the People's Court of Xinhe City, Xinyang City, Henan Province, executed a case involving a loan contract dispute. The executive police officers came to the executor Lin Moumou's home and arrested him.

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Applicant receives execution payment

Case situation

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It is reported that in August 2015, the executed person Lin Moumou borrowed 100,000 yuan from the applicant Jiang Moumou and agreed to pay interest of 2,000 yuan per month. The executed person Lin Moumou paid interest on time until July 2018. Refused to repay, the applicant repeatedly asked for no results, and appealed to the Luohe District Court.

After mediation by the Weihe District Court, the executed person Lin Moumou repaid the loan of 100,000 yuan and interest to the applicant in installments. Since the person being executed, Lin Moumou, after repaying 20,000 yuan, the remaining part refused to fulfill the contents confirmed by the valid legal documents, the applicant applied to the court for enforcement.

Executive review

On June 9, 2019, after the case entered the execution procedure, the executive police issued relevant documents such as the execution notice and the property report order to the executed person. The executive police repeatedly contacted the executed person Lin Moumou, and Lin Moumou has been evading and refusing to perform his duties for various reasons.

The executive police also used the network execution check and control system to query the account opening information of the employee Lin Moumou, and found that there was no amount available for execution in Lin’s account.

However, the execution of the police did not give up. Through the investigation, Lin’s whereabouts were discovered. The police officers were found to find Lin’s residence and brought him back to the court.

After the executive police officer was brought back to the court by the executor Lin Moumou, he actively worked on Lin’s work. After repeated persuasion, the executive police decided to take enforcement measures against Lin. The enforced person, Lin Moumou, has the ability to perform and refuses to perform the legal documents in which the court has already taken legal effect. If the circumstances are serious, he may take compulsory detention measures according to law.

xx在司法拘留的压迫和行政警察的耐心调解下,遗嘱执行人林某某终于意识到自己的错误和拒绝履行的严重后果,并积极联系家人履行其义务。

2019年7月4日,在警方的耐心调解下,双方通过谈判自愿达成和解协议。遗嘱执行人向申请人支付了6万元现金,其余申请人自愿放弃。案件成功执行。

提示

任何被列入不可信赖人员名单的人将被限制在政府采购,招标,行政审批,政府支持,融资信贷,市场准入和资格等方面。不值得信任的遗嘱执行人不仅无法获得正常的贷款和退出,而且还必须限制购买机票和训练软卧。履行义务后,他可以申请保护损失书清单。

(来源:漯河法院)

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