From ＂procrastination＂ to ＂voluntary repayment＂, the judge’s dilemma of ＂if I am suing＂ to break the triangular debt

"Judge Cao, I have remitted the balance of 45,000 yuan to Simou. Thank you for putting yourself in the other’s shoes and solving the triangular debt problem once and for all. Now you are light without debt!" A ringtone alarmed Cao Bin, the executive judge of the "dormant" desk to sort out the case. It was Zhou who raised an execution objection a few months ago and thought that the court had seized his property beyond the standard …

In July 2022, Zhou borrowed 110,000 yuan from Simou, and agreed to repay the principal and interest one year later. However, due to the break of the capital chain, the amount owed was delayed, and Simou appealed to Chongchuan Court. In the litigation stage, Zhou considered that Mr. Chen, who owed his payment, should pay off the money by the end of the year, and reached a mediation with Si, promising to pay 60,000 yuan before the end of December 2023, and the balance was fully fulfilled in June of the following year. Unexpectedly, Mr. Chen, who had originally dealt with Zhou, could not do business and went to work in the factory. Zhou scraped together all the money he could, and finally he could only pay less than 20 thousand yuan.

In the face of Zhou’s rhetoric that he once again hopes to postpone his performance, Simou said that he is also very difficult. It is not easy to pay more than 100,000 yuan in installments for such a long time, and he resolutely disagrees with Zhou’s request. A paper application, Zhou became the executor. During the execution of the program, it was found that the balance of the bank account, Alipay, WeChat and other accounts under Zhou’s name was only a hundred yuan, which was obviously not enough to pay the arrears. However, there is real estate under Zhou’s name, a small shop of 23.85 square meters, and a common house with his wife.

Considering that the amount of tax paid by the judicial auction of shops is high, which is not enough to cover the subject matter of this case, and the share of the common property cannot be determined, Chongchuan Court seized the above two real estates according to Si’s application. After the seizure was delivered to Zhou, Zhou, whose phone was "lost", finally contacted the court and asked for more time, but after waiting for no results, Cao Bin decided to start the disposal of small shops without disputes over property rights. At this time, an objection application was mailed to Cao Bin’s desk, believing that the seized house was enough to cover the subject matter of the case, and requesting to lift the seizure of small shops.

Cao Bin informed Zhou and his wife to come to the court to negotiate the share of common real estate, but Zhou refused, explained to him and insisted on reviewing the objection. The execution objection was transferred to Wang Fenghua, the president of the enforcement adjudication court, for review. When Zhou complained to Wang Fenghua, he said that the money owed to Si could not be paid back because of the problem that Lao Chen owed the payment, and he was going to sue Lao Chen. The execution objection was his "means" to delay the auction. Knowing the above situation, Wang Fenghua contacted Cao Bin at the first time, and both judges believed that the execution of the due creditor’s rights was obviously more conducive to the settlement of the debts of Si and Zhou. Cao Bin contacted Zhou again. He thought it was a "debt collection" phone call. Zhou, who was "impolite", heard about Cao Bin’s solution and asked "Can it still be like this?"

Knowing Mr. Chen’s address and contact information, Cao Bin came to the unit where Mr. Chen worked. Facing the inquiry of the executive judge, Chen Ye Sr. frankly owed money, but said that his business could not go on, and he had no money to work in his relatives’ factory. Seeing that the other party did not deny the fact of the debt, Cao Bin started with Mr. Chen Jiating and told him the benefits of voluntarily fulfilling his obligations and avoiding being sued and executed. Finally, under the mediation and coordination of the head of the factory, Mr. Chen collected 20,000 yuan, and the head of the factory performed the rest on his behalf, and all the above money was remitted to Si.

Cao Bin struck while the iron was hot, and organized and coordinated the remaining debts of both parties. In the end, Simou once again agreed to relax the final performance period. Zhou also promised to repay the money even if the small shops were mortgaged, and also withdrew the application for execution objection from the court.

To feel "fairness and justice" from the perspective of the masses, the core foothold is to "substantially resolve the contradiction at one time" and "let the dispute end with me", so that the parties can get the best dispute settlement effect with the least time and investment, which is the most vivid embodiment of the current Chongchuan court’s implementation of the concept of "as if I am suing" and the promotion of "one thing" work.

(Comics come from the Internet)

Author: Zhang Qiang, Executive Board

Original title: From "procrastination" to "voluntary repayment", see the judge "as if I am suing" to break the triangle debt dilemma

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