What is the current business environment? Enterprises should sue as soon as possible to recover debts.
under the epidemic situation, do business owners need to sue decisively? The answer is yes. Admittedly, it is necessary to evaluate the success rate and do a lot of preparatory work before prosecution, but as far as the rough line is concerned, it is recommended to prosecute decisively.
case review: after inquiry and research, it is limited to a property in Zhongshan that is most likely to be executed, but the property was pre-sold when it was sealed up, and no real estate license has been issued yet; In addition, the executive judge has not been very active because it is a foreign property and has to clear the field for Kyrgyzstan. During the period, the lawyer regularly urged the court and communicated repeatedly. He also went to Zhongshan twice on business trips, went to the housing management department and the bank to understand the situation, and then accompanied the court personnel to inspect the real estate on the spot.
However, in this case, three judges were changed during the period, some were transferred and some were on maternity leave. Coupled with the impact of the epidemic, there were twists and turns. Thankfully, recently, the dawn has dawned, and the court intends to go through the evaluation and auction procedures. From this practical case, it can be seen that the inconvenience of business trip and negotiation under the epidemic situation, coupled with the slack attitude of some court staff, will really affect the efficiency of execution.
why do you suggest that business owners who defend their rights should sue decisively?
√ First, the issue of prescription-you need to get a successful judgment or a civil conciliation statement first.
According to the law, a case has a legal limitation of action. Generally speaking, if you don't claim your rights within three years, you will lose your right to win the lawsuit. In other words, when the dragged money needs to be defended, the first thing the business owner should do is to win a lawsuit, which is the premise. It would be very good if mediation can be reached between the two sides after the lawsuit is filed, at least it can greatly save the time of the lawsuit. Because the civil conciliation statement and the civil judgment have the same legal effect. Therefore, there is no need to wait for the judgment and appeal, but to apply for enforcement.
second, you can play while tuning.
influenced by the culture of China people, harmony is the most important thing, and no one wants to go to court. Therefore, the mediation system runs through the whole litigation mediation system, which is to promote peace. That is, after a party files a lawsuit, it can still reach a conciliation statement with the other party. As mentioned above, the conciliation statement and the written judgment have the same legal effect.
some customers have considered the follow-up business cooperation, or have not made up their minds, and have been slow to sue. The suggestion is to file a lawsuit as soon as possible unless there is obvious room for change. Logically speaking, if the other party is sincere, it is highly probable that mediation will be reached. With mediation, you can apply for enforcement, which is directly guaranteed by judicial coercion. If the other party is not sincere, it is very wise to file a lawsuit as soon as possible.
as in the above case, the lawyer and the other party made a settlement under the auspices of the court, and the other party said that they had no money, and they could only pay for it like squeezing toothpaste every month, which was unacceptable to the customer, so they continued to push the court to auction the property.
third, you have to jump the gun.
another important reason for proposing to file a lawsuit as soon as possible is that your debtor may have more than one creditor. When the debtor's economy has been or is on the verge of exploding, other creditors will come in and share a piece of the action.
Fourth, enter the program one day earlier and end the program one day earlier.
As mentioned earlier, it is precisely because litigation cases are now affected by many factors, which are inefficient and slow. Therefore, if you enter the litigation procedure as soon as possible, you can solve the problem as soon as possible and get rid of the dispute completely. This is like buying a house in a first-tier city, always buying early and getting good early. When it comes to litigation, we have to mention the issue of litigation preservation. Litigation preservation is an important link in litigation, that is, before litigation, apply for sealing up or detaining the other party's property.