In the classmate group chat, everyone was very concerned about ng Lei repaying his debt. So had already prepared to approach ng Lei for the money.
Ma Ming gave a wry laugh. He truthfully told everyone in the group, "That scum claid he lost all his money in business and is now penniless."
As soon as the ssage was sent, the whole class group exploded.
"Penniless? Who is he trying to fool? If he’s penniless, what does he eat? Surely he can’t be without even 268 yuan?"
"I think he just doesn’t want to repay the money; it’s really disgusting."
"He doesn’t even take the court’s judgnt seriously. How did I never realize ng Lei was this kind of person?"
"It’s over, it’s over! If Ma Ming can’t even get back eighteen yuan, doesn’t that an my 500 yuan is a total loss?"
All the classmates were speaking out and blaming ng Lei. ng Lei’s behavior truly disgusted them once again.
Following the court’s judgnt, repaying the money should have been a matter of course. But ng Lei had co up with this stunt, claiming to be penniless and obviously unwilling to repay the debt. If it was like this over just eighteen yuan, then the likelihood of them getting their money back was even slimr.
For a ti, everyone in the group chat was sighing and feeling helpless. The lawsuit had been fought. The judgnt had been made. But still, the money had not been recovered.
Ma Ming, reading the pessimistic comnts from his classmates, clenched his teeth firmly. Resolutely, he clicked on Qin Mu’s avatar and sent him a ssage.
Seeking help, he said, "Up, that scum still refuses to pay up..."
「Jin City.」
In the nursing ho, Qin Mu was playing chess with Zhang Qingyuan. Suddenly, he saw a long string of ssages from Ma Ming and was montarily taken aback.
In these ssages, Ma Ming recounted all of ng Lei’s actions. After the judgnt was issued, ng Lei had steadfastly not complied with the court’s decision. The deadline had passed, and he had used the excuse of losing everything in business and being penniless.
"You can apply to the court for enforcent," Qin Mu’s lips twitched as he reminded him. "In such cases, the court can directly take the money from his bank account and transfer it to yours."
ng Lei’s behavior was actually useless. If the deadline was passed, the creditor could apply for enforcent with the court, and they would not miss out on a single penny owed.
Moreover, ng Lei’s passive resistance to the court ruling did not et the criteria for the cri of refusal to execute. The cri of refusal to execute refers specifically to a party responsible for fulfilling a legally binding court ruling that includes a paynt requirent. This cri occurs when such a party, despite having the ability and ans to perform, steadfastly refuses to comply, and the behavior is of a serious nature. To constitute this cri, the circumstances must be severe. Judicial interpretations set out three standards for severity, and eting any one of them is sufficient:
First, if the debtor hides, transfers, deliberately damages property, or disposes of property without compensation or at an obviously unreasonable low price, rendering the judgnt or ruling unenforceable.
Second, if the guarantor or the debtor hides, transfers, or deliberately destroys or transfers property that has been offered as a guarantee to the court, rendering the judgnt or ruling unenforceable.
Third, if an individual with an obligation to assist in execution receives a court notice to assist and refuses to do so, causing the judgnt or ruling to be unenforceable.
Only under these three circumstances does one commit the cri of refusal to execute.
Previously, Zhang Qingyuan’s son, Zhang Tao, had his house occupied by soone. That situation fell under the third category. The other party’s refusal to vacate after receiving the court notice clearly rendered the judgnt unenforceable, which was extrely serious.
ng Lei’s behavior, however, was rely passive. He had not complied. Coupled with the small amount of money involved, the circumstances were significantly minor and did not constitute the cri of refusal to execute.
So, at this ti, Ma Ming just needed to follow the process and apply to the court for enforcent.
"Applying for enforcent is also quite simple," Qin Mu thought for a mont and sent another ssage to Ma Ming, informing him of the process. "Take the judgnt, have an attorney in Yangcheng help you fill out an application form, and submit it to the court."
In fact, after issuing a judgnt, the court does not monitor whether both parties comply. Therefore, it is often necessary to proactively submit an application to the court. Only after the court reviews it according to the law will it proceed with enforcent.
"Okay, I’ll contact the attorney right now," replied Ma Ming from the other end. He promptly thanked Qin Mu and quickly got in touch with the attorney who had represented him before, asking for help with completing an enforcent application form.
「The next morning.」
Yangcheng. In a residential complex.
"ng Lei, right? This is your local express delivery. Please sign for it," said a postal worker at the door.
ng Lei stood at the doorway, looking at the postal worker who had co to deliver the parcel, and his heart skipped a beat. This scene... looked familiar to him. Not long ago, he had received a court summons in the sa way, also delivered by a postal worker.
He chanically accepted the parcel and closed the door.
Returning to the living room, Tian Shulan asked curiously, "What’s the matter? Did soone send you sothing again?"
"It’s definitely another trick by Ma Ming," ng Lei scoffed. Frowning, he opened the package.
Upon opening it, several large characters jumped out at him: "Enforcent Notice." The sender was listed as the Yangcheng Court’s Enforcent Division. He paused for a mont, then continued to read. The notice stated that due to his passive attitude and failure to fulfill the court’s ruling, the plaintiff had applied for enforcent.
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