In recent days, the enforcement judges of Haikou Maritime Court have properly settled a series of five cases concerning disputes under financial loan contracts. The judges have made attentive and patient efforts in investigation and reconciliation, and finally brought about the reconciliation between the enforcement applicant and the judgment debtor.

In August 2014, the judgment debtor, Zhou, entered into five Contracts for Individual Credit Loan with the enforcement applicant, a bank’s Haikou Branch, under which the enforcement applicant released five loans to the judgment debtor. Since January 2015, the judgment debtor has failed to repay the principals and interest. In August 2017, the enforcement applicant brought actions before Haikou LongHua People’s Court. The court rendered judgments to order the judgment debtor to repay the principals and interest to the enforcement applicant. After the judgments took effect, the enforcement applicant applied to the court for enforcement. The Higher People’s Court of Hainan Province designated Haikou Maritime Court to file and enforce the series of five cases.

During the enforcement, the enforcement judges inquired about the judgment debtor’s bank deposits, vehicles, vessels, fishing boats, securities and other property via the online inquiry and control system, and inquired about the judgment debtor’s provident fund and real estate registration by traditional means. They also investigated into the judgment debtor’s living condition, employment and earnings by interviewing people in the neighbourhood of the judgment debtor’s address set out in the contracts and that on the identification. However, no property was found in the name of the judgment debtor that was available for enforcement, and the enforcement work reached deadlock. When the enforcement judges again went through the information obtained by inquiry, they found that the judgment debtor had registered a translation company as its legal representative. Although the company was not registered at a commercial address, the enforcement judges still decided to verify it through field investigation lest any clue was omitted.

Through investigation, it was found that the registered address of the company was merely a small room of a dozen square metres. No business operation was being run in that room, and no one living there had heard about the translation company. Instead of giving up, the enforcement judges saught the relevant property management company for further investigation. Again, no clue of the translation company was found, but it was learnt that the owner of the property was also under the surname Zhou. The judges immediately contacted the owner by phone, and after patient communication found that he was the father of the judgment debtor. Under the repeated explanation and persuasion of the judges, the owner decided to come to the court to give account of the judgment debtor’s circumstances and to negotiate with the enforcement applicant.

After face-to-face inquiry and further field investigation, the enforcement judges learnt that the judgment debtor was unable to repay the loans on time on account of family crisis, inability to work due to illnesses, and infringement of personal rights and interests. After the enforcement judges had patiently and fully explained relevant legal liability and obligations, the judgment debtor’s father and other family members agreed to repay the loans on behalf of the judgment debtor. However, they would not be able to fulfil the obligations right away due to their limited financial ability. In consideration of Zhou’s circumstances, the enforcement judges urged the enforcement applicant to make considerate concessions and waive some costs based on the repayment obligations set out in the legal deeds. The judgment debtor repaid the two smallest loans on the spot.