Amicable Settlement to a Case of Dispute over Financial Loan with Bona Fide and Civilized Enforcement Measures taken by Haikou Maritime Court
By upholding the concept of bona fide and civilized enforcement, Haikou Maritime Court recently facilitated an amicable settlement to a case of dispute over financial loan with patient coordination and various enforcement measures taken. The party against whom the enforcement was sought expressed his gratitude to the handling judge through WeChat after taking initiative to pay the debt in full.
1、Taking patient and meticulous efforts in search for and making contact of the parties concerned
The application for compulsory enforcement of an effective judgment was filed by the applicant, Haikou branch of a bank corporate, against Mr. Liu before this Court. While searching for property clues for enforcement through online and traditional offline inquiries, this Court found that there was property located in Qionghai City and a small amount of bank deposit under Mr. Liu’s name. Upon confirming the property clues, the handling judge immediately sealed and froze the said real estate and bank account. Since Mr. Liu could not be reached and the mailed documents were returned, and in order to improve the efficiency of enforcement, the handling judge carefully reviewed the case file and finally found a contact address on the loan documents registered by Mr. Liu in Urumqi, Xinjiang. The handling judge thus arranged for service by mail to the said address. By contacting Ms. Liu who signed for the service documents, the handling judge noted that Ms. Lui is the younger sister of Mr. Liu. Taking the opportunity, the handling judge patiently made explanation in terms of the law and brought out the facts and reasons to Ms. Liu. With patient communication by the handling judge, Ms. Liu took initiative to provide Mr. Liu’s contact information and expressed that she will assist to persuade her brother to fulfill his obligations under the effective judgment. Subsequently, Mr. Liu himself contacted the handling judge.
2、Enforcement in bona fide and civilized way and coordination with perseverance
After repeated communications and coordination on the telephone, Mr. Liu agreed to pay the debts by installment and reached a long-term repayment agreement with the applicant. However, after the agreement was concluded, Mr. Liu only paid an installment of RMB50,000, but did not make any further payment afterwards. The handling judge learned that Mr. Liu has been doing odd jobs outside his hometown for a long time and he does not have a guaranteed income. Under such circumstance, Ms. Liu proposed that she was willing to pay the debts on behalf of her brother and has already actively raised money for this purpose. As advised by Ms. Liu, the real estate in Xinjiang has been put on sale through the estate agent and thus she wished the court may coordinate to grant a grace period. In the meantime, Ms. Liu raised that the house in Qionghai was the only property owned by her brother and requested the court not to dispose of it temporarily. Adhering to the concept of bona fide and civilized enforcement, the handling judge arranged for coordination again, which facilitated a settlement agreement between the parties. Besides, the bank agreed to suspend the auction of the property of Mr. Liu in Qionghai city and agreed to grant a grace period. Besides, the bank also agreed that if the debts could be repaid within the grace period, it could waive the interest partially.
3、Paying close attention to ensure proper enforcement
The handling judge closely followed the case and asked about the performance of the settlement agreement from time to time. Mr. Liu also truthfully reported his performance of repaying the debts to the court. Considering the severe epidemic situation in Xinjiang and for the actual situation in epidemic prevention and control, the applicant agreed to further grant one-month grace period after the coordination by the handling judge. After the epidemic situation was eased, Mr. Liu handled the matters in a timely manner to pay in full the debts to bank in the very first time. Afterwards, Mr. Liu expressed his gratitude to the handling judge through WeChat and spoke highly of the humane enforcement measures taken by the court.
So far, the enforcement proceedings of a case of dispute over financial loan was successfully concluded with both parties satisfied. The handling of this case has achieved the unity of legal and social effects.