Law

It's been 4 years since we won the lawsuit, why are there still huge debts that haven't been collected

2025-09-10   

After winning the lawsuit for more than 4 years after being owed the payment, the winning judgment became a "legal IOU", with more than 2.8 million yuan still pending execution. However, the debtor has been operating normally, with large amounts of funds frequently entering and leaving the account... After the applicant for execution applied for execution supervision to the Qixian County Procuratorate in Henan Province, the situation took a turn for the better. In March 2021, a pharmaceutical company in Zhengzhou (hereinafter referred to as the "pharmaceutical company") filed a civil lawsuit against a hospital in Qixian for non payment of goods and obtained a winning judgment. The court ordered a hospital in Qixian County to pay the pharmaceutical company over 3.16 million yuan in goods and liquidated damages. After the judgment came into effect, the pharmaceutical company thought it would soon realize its right to win the lawsuit, but the realization of the rights was unexpectedly stopped for a long time at the final execution (full name is the termination of this execution procedure) - from April 2021 when the pharmaceutical company applied for execution to October 2024, the court only executed 300000 yuan after three executions, and in the third execution, the court deducted more than 390000 yuan from the debtor's bank deposit to the court's execution account, which has not been disbursed yet. Long term failure to receive execution payments has had a serious impact on the business of pharmaceutical companies in the entire Qixian region. The pharmaceutical company had no choice but to apply for execution supervision to the Qixian Procuratorate. After accepting the case, the prosecutor in charge of the Qixian Procuratorate focused on verifying the property situation under the name of the executed person and the adoption of court enforcement measures. Through reviewing the execution files, retrieving the bank account information and expenditure details of the executed person, it was found that a hospital in Qixian had been operating normally, and there were frequent large amounts of funds in and out of the bank account. The executing court had problems such as untimely and incomplete investigation and control of property, negligence in sealing and freezing, long-term failure to issue execution funds, failure to execute detention decisions, and illegal final execution. The executed person and judicial staff were suspected of violating laws and regulations. Based on this, the court has clarified the work concept of finding cases by individuals and investigating cases by individuals. Multiple cases have been investigated to address similar issues mentioned above, and it has been found that the other four execution cases handled by the executing court not only have similar problems mentioned above, but also have issues such as not initiating online judicial sales procedures. In June of this year, the Qixian Procuratorate issued a prosecutorial recommendation to the court, suggesting to increase enforcement efforts, exhaust property investigation measures, comprehensively investigate and control the property of the executed person, timely issue execution funds to the applicant for execution, and strictly regulate the final execution procedure. At the same time, sufficient analysis and judgment will be conducted on the transfer of suspected illegal and disciplinary clues of the executed persons and judicial staff, and timely filing and issuing prosecutorial recommendations for the other four execution supervision cases. At the end of June, the court replied to adopt the prosecutor's suggestion and stated that all bank accounts under the name of the executed person, a hospital in Qixian County, had been frozen. More than 390000 yuan in the court's execution account had been distributed to the applicant's pharmaceutical company. The more than 350000 yuan obtained from the auction of vehicles by a hospital was transferred to the pharmaceutical company's account on August 27th. On September 4th, the pharmaceutical company received 200000 yuan transferred from a hospital in Qixian to its account. The court stated that further effective measures will be taken to enforce other assets of a hospital in Qixian. It is reported that since the Supreme People's Procuratorate deployed civil final execution supervision activities in the national procuratorial organs, the Qixian Procuratorate has formed a dedicated investigation team, focusing on increasing in-depth verification of the property of the executed person in execution supervision cases, such as bank accounts, insurance policies, real estate, etc., which have been queried by the court but have not been exhausted, in order to extend supervision matters from procedural violations to substantive violations, and effectively realize the legitimate rights and interests of the applicant for execution. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

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