if the money of the person subjected to execution has been paid off, the court will close the case. According to the law, the parties must perform a legally effective civil judgment or ruling. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the executor for execution.
the arrears should be recovered and destroyed in time to avoid disputes, or the other party should issue a receipt to you. If it is repayment by installments, the lender shall be required to issue a receipt to prove the fact of repayment every time; If it is a one-time repayment of the arrears, the debtor should ask the lender for the original debit note, or the lender should issue a receipt; In case of partial repayment, it should also negotiate with the lender to modify the debt or issue a receipt by the lender; If there is interest on the loan, the receipt should indicate whether to pay the interest or return the loan principal. The list of people who have lost their trust and closed the case can be deleted within 3-5 working days after accepting the application.
in order to realize the creditor's rights, it is best to collect the following evidence:
(1) IOUs. Generally speaking, the most powerful evidence for debt collection is IOUs, which are written by the borrower and signed by the other party. As documentary evidence, they are extremely effective.
(2) Witness. In the trial of a case, the other party can cross-examine its own evidence. In order to ensure the sufficiency and foolproof of the evidence, it is essential to find a witness. If there are other witnesses when borrowing money, you can find these people to prove the creditor's rights.
(3) evidence of the other party's property. The ultimate goal of litigation is to get the lent money, but many people will transfer their property elsewhere in order to avoid debt. According to the first paragraph of Article 74 of the Contract Law, the debtor's behavior that the creditor can revoke is the act of giving up the due creditor's rights; The second is the act of transferring property without compensation; The third is the act of transferring property at an obviously unreasonable low price. In order to avoid not getting back the property, it is necessary to collect the evidence of the other party's transfer of property to exercise the right of revocation.
if the other party refuses to repay the loan, it can obtain the debt by suing the other party in court.
(1) When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The main body of the indictment shall state the request, the facts and reasons for the prosecution, and the tail shall be signed or stamped with the official seal.
(2) According to the principle of "whoever advocates gives evidence", the plaintiff should submit the following materials when suing the court:
(1) the materials of the plaintiff's subject qualification. Such as the original and photocopy of resident ID card, household registration book, passport, home visit permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If an enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
(2) evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipt and delivery vouchers, correspondence, etc.
(3) When submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, specifying in detail the name and pages of the evidence submitted. After the evidence is checked by the court undertaker, the undertaker shall sign and seal the list of evidence, one for the parties and one for the record.
(4) The filing court shall, within seven days after the parties have fulfilled the necessary procedures and submitted the relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
(5) The parties concerned shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are real difficulties, they may submit a written application for reduction, deferment or exemption to our court within the prepayment period. If they fail to pay in advance after the deadline, or if the written application for deferment, deferment or exemption is not approved, the court will rule that the lawsuit will be automatically withdrawn.
To sum up, it is a means to protect one's rights by keeping good loan evidence for business partners or work relationships. If necessary, one needs to use legal weapons to protect one's legitimate rights and interests.
Legal basis:
Article 243 of the Civil Procedure Law
A legally effective civil judgment or ruling must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the executor for execution.
conciliation statement and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Article 245
If one party fails to perform the creditor's rights documents that have been given compulsory enforcement effect by the notary office according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court that has applied for enforcement shall do so.
if the notarized creditor's rights document is indeed wrong, the people's court will rule that it will not be executed, and the ruling will be served on both parties and the notary office.
Article 264 of the Civil Procedure Law
In any of the following circumstances, the people's court decides to terminate the execution:
(1) The applicant withdraws the application;
(2) the legal document on which it was executed has been revoked;
(3) The citizen who is the person subjected to execution dies, and there is no inheritance for execution and no obligor;
(4) The obligee who claims alimony, alimony and alimony dies;
(5) The citizen who is the subject of execution is unable to repay the loan due to difficulties in life, has no source of income and loses the ability to work;
(6) other circumstances that the people's court considers that the execution should be terminated.