Neihuang County People's Court: What should I do if the defendant does not fulfill the content of the judgment

Henan Radio and Television Rong Media reporter Yu Yanpeng correspondent Wang Lei

Many parties who come to receive the judgment will ask such a question: If the defendant still does not pay back the money, what should I do next?

Take the judgment of the first instance of the first instance of the plaintiff's victory in the first instance of civil loan disputes. In May 2020, the defendant Ma Moumou borrowed 50,000 yuan to the plaintiff Zhang Moumou on the grounds of the capital week and issued a debit. return. After hearing, the judgment was as follows: The defendant Ma returned the plaintiff Zhang Moumou to borrow 50,000 yuan within ten days after the effectiveness of this judgment. The judgment was delivered to the two parties on May 5, 2022.

First of all, when will we clarify when the judgment takes effect?

Applicable cases of ordinary procedures and simple procedures (non -small litigation procedures) are 15 days. The appeal period is 15 days since the second day of the judgment was received. During the appeal period, any party appealed, and the first trial judgment did not take effect. Enter the second instance procedure; if both parties have not appealed during the appeal period, the judgment will take effect after the appeal period expires. The case of a small litigation procedure is a final judgment. There is no issue in the appeal period. Once it is delivered to the two parties, it will take effect.

In this case, if the case applies to ordinary procedures or simple procedures (non -small litigation procedures) trials, both parties have not appealed, and the judgment will take effect on May 21, 2022; The date of delivery took effect on May 5, 2022.

Secondly, what should I do if the defendant Ma Moumou never fulfilled after the judgment was effective?

After the verdict came into effect, the defendant Ma Moumou did not perform the content of the judgment within 10 days of the performance period. The plaintiff Zhang Moumou could apply for the enforcement of the court's executive bureau.

In the case, if the case is applicable to the general program or a simple program (non -small litigation procedure), the plaintiff Zhang Moumou can apply for mandatory execution on May 31, 2022; It can apply for enforcement on May 15, 2022.

For specific situations, please see the table below:

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