The wife has 400 thousand deposits, 380 thousand of her husband’s default is not willing to repay th-crycry

The name of his wife 400 thousand deposit husband owed 380 thousand refused to repay Huzhou Deqing people Jiang Ming owed Deqing County a feed company 380 thousand yuan has not yet, also insisted that no money to pay. During the execution of the court, he found that his wife had a deposit of 400 thousand yuan. The court was forced to deduct Jiang Ming wife in a bank deposit 380 thousand yuan, to fulfill the payment owed by Lu Qiang. Recently, Lu Qiang from the hands of the judge to get 380 thousand yuan of checks, so that after 3 years of sale disputes finally fall to the ground. Jiang Ming, a big pig farmer in Zhong Guan Town, Deqing County, purchased feed from a feed company in Deqing from June 2012 to September 2014. By the end of August 27, 2014, the two sides at the checkout Jiang Minsun owed $389200 at the time of feed, Jiang Ming to feed company issued an IOU, agreed the debt payment period and the liability for breach of contract, the payment deadline for half a month. Overdue, the monthly payment of 3% of the liquidated damages. Under feed company Lu Qiang after dunning repeatedly to no avail, helpless, Lu Qiang sued to the court. The court held that the defendant failed to pay the goods in time after the purchase of the feed is the fault of the case, according to the law should bear the corresponding civil liability. Finally, the court sentenced the defendant Jiang Ming to Deqing feed company to pay the loan and overdue interest, totaling more than 40 yuan. After the court decision came into effect, Lu Qiang thought he could find Jiang Ming to pay back his debts, but he could not pay attention to it. In order to realize its legitimate rights and interests, Lu Qiang applied for compulsory enforcement to the court. Last September, the case into the implementation of the program, executives repeatedly found Jiang Ming, to persuade them to automatically fulfill their obligations, but its not clear, and not ready to perform. To this end, the court increased the intensity of enforcement, according to the law Jiang Ming judicial detention for 15 days decision. But Jiang Ming remained unmoved. As the applicant can not provide the property clues of the debtor, the implementation of the work reached a deadlock. On the one hand, the executive staff of the court and public security, land, real estate, industrial and commercial bank, vehicle, etc. the implementation of the linkage unit to increase enforcement net array to squeeze its living space, use a point to perform the investigation and control platform for all-round, multi angle search the debtor’s whereabouts and property. The Court Executive thinks that the person who has been executed may change the property or deposit it in the name of others, so he decides to expand the scope of the property. After further investigation, the court finally found that Jiang Ming’s wife had 400 thousand yuan deposit in the bank. According to the relevant laws and regulations, Jiang Ming’s income is shared by both husband and wife, and the debts owed should be paid by both husband and wife. According to "Zhejiang Province Higher People’s Court on the implementation of effective legal instruments to determine the answer" to one of the spouses of related issues for the debtor to the provisions of the case: "the court actuator can be directly ruled seizure, seizure, freezing, or non constant marital property the debtor’s spouse’s estate, without additional ruling the other couple party is the executor." The judge immediately deducted Jiang Ming’s wife’s name of 380 thousand yuan, for the implementation of the case.

妻子名下有40万存款 丈夫拖欠38万就是不肯还钱湖州德清人蒋明拖欠德清县某饲料公司38万元一直未还,还坚称没钱还账。法院在执行时发现蒋明妻子名下有40万元的存款。法院遂强制扣划蒋明之妻在银行的存款38万元,用以履行欠申请人陆强的货款。近日,陆强从承办法官手中拿到了38万元的支票,使这起时隔3年的买卖纠纷终于尘埃落地。德清县钟管镇养猪大户蒋明于2012年6月至2014年9月多次向德清某饲料公司购买饲料。截止到2014年8月27日,双方结账时蒋明尚欠饲料款389200元,当时蒋明还向饲料公司出具欠条一份,约定该欠款付款期限和违约责任,付款期限为半月内。逾期则每月按货款的3%承担违约金。可事后饲料公司负责人陆强多次催讨无果,无奈之下,陆强起诉至法院。经法院审理认为,被告在购买饲料后未及时清偿货款是本案的过错方,依法应当承担相应的民事责任。最终法院判决被告蒋明向德清某饲料公司支付货款及逾期利息,合计40余万元。法院判决生效后,陆强本以为可以找蒋明要回欠款,可蒋明不理不睬。为了实现自身的合法权益,陆强即向法院申请强制执行。去年9月,案件进入执行程序后,执行人员多次找到蒋明,劝其自动履行义务,但其毫不理会,并明确表态不准备履行。为此,法院加大了执行力度,依法对蒋明作出司法拘留15天的决定。但蒋明始终无动于衷。由于申请人无法提供被执行人的财产线索,执行工作陷入了僵局。法院执行人员一方面与公安、国土、房产、车管、工商、银行等执行联动单位联手,布阵撒网加大执行力度挤压其生活空间,一方面利用“点对点”执行查控平台全方位、多角度地查询被执行人的下落和财产。法院执行人员认为,被执行人蒋明可能将财产进行转移或以他人名义在银行存款,于是决定扩大财产的清查范围。经进一步调查,法院终于发现,蒋明妻子在银行有40万元存款。根据有关法律法规规定,蒋明的收入为夫妻共有,所欠债务应由夫妻共同偿还。根据《浙江省高级人民法院关于执行生效法律文书确定夫妻一方为债务人案件的相关问题解答》规定:“法院执行机构可以直接作出裁定查封、扣押、冻结、变价夫妻共同财产或者非被执行人的夫妻一方名下的财产,无需裁定追加夫妻另一方为被执行人。”承办法官立即扣划了蒋明妻子名下38万元,用于案件执行。相关的主题文章: