Transfer of property to avoid execution? The judge has a way

11:15:22, February 8, 2023 Source: Tianshan.com - Xinjiang Legal Daily

 Illustration: Mr. Mu (middle), the applicant for enforcement, presented the banner to the Director General of the Executive Bureau of the People's Court of Huocheng County, Mai Yiming, Da Wuti (the first from the left) and the executive judge, Ye Lixia. Abu Laiti. jpg

Mr. Mu (middle), the applicant for enforcement, presented the banner to Mai Tiyiming Dawuti (first from left), Director of the Executive Bureau of the People's Court of Huocheng County, and Ye Lixiati Ablaiti, the executive judge. Photographed by Wu Minling, the correspondent

Tianshan.com - Xinjiang Legal Daily News (reporter Li Xuqun, correspondent Wu Minling reported) "Thank you so much, three years later, I finally got my money!" After receiving more than 100000 yuan from the executed person Ma through WeChat, on February 3, the applicant Mu expressed his gratitude to Maiti Yiming, the director of the Executive Bureau of the People's Court of Huocheng County, and Ye Lixiati Ablaiti, the executive judge.

On December 16, 2017, Mr. Mu and Mr. Ma signed a Vehicle Sales Contract. Ma transferred 2 cars to Mu at a price of 100000 yuan. Mr. Mu paid off the purchase price on October 6, 2018. During vehicle inspection, Mr. Mu found that one of the vehicles was a fake license plate vehicle, which violated the prohibitive provisions of laws and regulations, was illegal, was prohibited from circulation, and was detained by the administrative organ.

On October 10, 2019, Mr. Mu sued Mr. Ma to the People's Court of Huocheng County. On January 9, 2020, the court ruled that the Vehicle Sales Contract signed between Mr. Mu and Mr. Ma was invalid. The defendant, Mr. Ma, returned RMB 100000 to Mr. Mu within ten days from the effective date of the judgment, and Mr. Mu returned the transferred vehicle to Mr. Ma. After the judgment came into effect, Mr. Mu returned the transferred vehicle, but Mr. Ma delayed in returning the purchase price.

On April 7, 2021, Mr. Mu went to Huocheng County Court to apply for compulsory execution. Both parties reached a settlement agreement during the implementation process, and Ma repaid the arrears in installments. The case was closed on September 22, 2021.

Since Ma delayed the implementation of the settlement agreement reached by both parties for various reasons, on February 2, Mu went to the court to apply for resumption of implementation. After the case was filed on the same day, Mai Tiyiming, Director of the Executive Bureau of the Court, led the executive judge Ye Lixiati and the bailiff to serve an execution notice and a property report order on Ma. Ma refused to cooperate and transferred the 25000 yuan in his WeChat account to others. The executive judge educated him and warned Ma that he had committed acts of violence, threats or other means to hinder the judicial staff from performing their duties. The court will give him administrative detention as required.

Finally, Ma paid 101150 yuan of execution payment and interest and 5237 yuan of delayed performance payment to Mu through WeChat transfer.

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