Beginning with a default judgment

During 2014, Mr. Zhou purchased PP-R pipes from a building materials business department in Jiujiang District for many times, and issued an IOU to a building materials business department in Jiujiang District saying "20724 yuan is owed for PP-R materials today", but Mr. Zhou has not paid for this material. In 2015, a building materials business department in Jiujiang District sued to the court. Since no one answered the phone and the address on the household registration information had been removed, the court announced the service of legal documents such as the copy of the bill of complaint and the subpoena for the hearing, and Zhou was absent from the hearing. In 2016, the court made a judgment of first instance, ruling that Zhou paid 20724 yuan of goods and overdue interest to a building materials business department in Jiujiang District.

In January 2024, Mr. Zhou applied to the Jiujiang District Procuratorate for supervision. During the initial conversation, Mr. Zhou was firm and insisted that the purchase of PP-R materials was to meet the company's engineering installation needs, which should be undertaken by a Shenzhen Energy Conservation Technology Co., Ltd. where he was. However, after reviewing the files of the first instance and retrial of the case, the prosecutor believed that Zhou, as the legal representative of an energy-saving technology company in Shenzhen, failed to prove that he was acting on behalf of the company in the transaction process, and that the signature and identity information of Zhou was the signature of the person who signed the IOU. The reason why Zhou claimed to exempt himself from the responsibility of the main body of the contract was obviously lack of evidence.

However, can a cold notice of review results really solve the "knot" that has lasted for ten years?

Finally, a civil settlement

"The complainant's dissatisfaction with the judgment is just an appearance, and the personal repayment ability and the company's operating difficulties are the root of the knot." The prosecutor learned in many conversations that a Shenzhen energy saving company operated by Zhou has not been paid for several projects, and the company is currently operating in difficulties, and Zhou has also been busy in various litigation disputes, At the age of nearly 60, he may still have to face the difficult situation of "re entrepreneurship".

In order to ease the dilemma of enterprise operation and resolve the contradiction between the two parties as soon as possible, the prosecutor, through several interpretations and reasoning and patient communication and guidance, finally reached an agreement on the amount of repayment and fulfilled the contents of the settlement agreement. A building materials business department in Jiujiang District also thanked the procuratorial organ for making the two parties shake hands and make peace by means of reconciliation, and getting all the payment on the spot. Afterwards, it also entrusted the procuratorate to submit an application for the closure of the enforcement case to the court. At present, the court has entered the closing procedure of the enforcement case, and the case has really been closed.