On the morning of June 24, the Suji Court of the Central District Court of the city received a bright pennant from the parties, on which were written the eight characters of "fair law enforcement and efficient for the people". Why do you say "again"? This is the eighth pennant that Judge Chung has received in the short two years since he came to the Su Ji Court.
Brief facts of the case
It turned out that between August 2020 and February 2021, the plaintiff Xiao Li was engaged in the transportation of goods under the defendant Xiao Yu. After settlement, Xiao Yu owed Xiao Li RMB 35,000 for freight, and issued an IOU, which was agreed to be paid before June 2021. However, after the agreed payment period arrived, Xiaoyu only paid 2,000 yuan, and even deleted Xiao Li's WeChat because he couldn't stand Xiao Li's repeated collections. Later, Xiao Li contacted Xiao Yu again and found that his mobile phone was down, and the two sides lost contact. On May 9, 2024, Xiao Li filed a complaint with the Shizhong District Court through online case filing, requesting that Xiao Yu be ordered to pay the remaining freight of RMB 33,000 and interest on capital occupation of RMB 3,040.
Delivery stage: twists and turns
In fact, Xiao Li had sued the district court as early as the end of 2023, but the case was withdrawn because it could not be served. Now sue again, due to the shutdown of Xiaoyu's mobile phone, the electronic service still fails. In order to prevent the procedure from idling, try to shorten the trial time limit, and solve the problem of service, Judge Zhong sought help from the Qianwei County Court where Xiaoyu's household registration was located, and successfully obtained the phone number of the village cadre, but learned that his family did not live in the village a few years ago and had no other contact information. Judge Zhong had to inform Xiao Li of the service, hoping that he could inquire about Xiao Yu's work, residence, and living conditions in recent years. After many inquiries, Xiao Li finally learned that Xiao Yu had worked in a new energy company in Wutongqiao two years ago.
On June 15, after the trial ended, Judge Zhong immediately drove to the company in Wutongqiao District to look for Xiaoyu, only to learn that he had resigned half a year ago, and the phone number he had retained was also in a state of shutdown, and the delivery work was once again in trouble. However, Judge Zhong did not give up, and continued to inquire about the information of former colleagues who had a good relationship with Xiaoyu, and tried to find relevant information about him again.
After obtaining Xiaoyu's valid mobile phone number, Judge Zhong asked Xiaoyu to take the initiative to add WeChat friends and obtain their accurate location through the exchange experience accumulated over many years of civil trial work. Judge Zhong rushed to the WeChat location address, contacted Xiao Li, and after seeing Xiao Yu and verifying his identity, he served him with a copy of the complaint, a response document and a copy of the evidence submitted by the plaintiff. After several twists and turns, the delivery work was finally completed, and it was 12:50 noon.
Mediation stage: quick adjustment and quick settlement
Xiao Yu said on the spot that he had no objection to the facts and litigation claims asserted by Xiao Li. Both parties waived the time limit for presenting evidence and agreed to on-site mediation. Judge Zhong immediately worked on the spot and wrote the mediation transcript by hand. Xiaoyu paid 3,000 yuan for freight on the spot, and promised to pay the remaining freight before the 15th of each month, and fulfilled it in 10 installments. Both parties signed the mediation record to confirm that the case was closed at 1:40 p.m.
If the case is handled according to the conventional thinking, it will take at least 60 days to conclude the case, and the unremitting efforts of the staff of the "integration of filing, adjudication, and execution" team of the Su Inspection Court have taken less than 6 days to conclude the case.
Performance stage: warm supervision
Although the case was concluded by mediation, the defendant's performance of obligations was not over, and the case could not be concluded. In order to prevent the mediation case from entering the enforcement stage and further do a good job in the management of the source of enforcement, Judge Zhong affirmed Xiaoyu's on-site performance of payment obligations in WeChat, and used his spare time to communicate frequently with Xiao Li on WeChat, and took the initiative to send warm reminders to understand the performance of the case. At the same time, Xiaoyu is urged to consciously perform his legal obligations according to the mediation agreement, as well as the legal consequences of non-performance. Xiaoyu was urged to consciously fulfill the second payment obligation.
Xiao Li saw and remembered the judge's hard work, and in order to express his gratitude, he sent a pennant. This case can achieve good legal and social effects, which has increased the confidence of the staff of the "integration of filing, adjudication and enforcement" team, but the pilot has not yet been successful, and we still need to work hard.
There is still a long way to go, go slowly, but it is always our unremitting goal to make the people feel fairness and justice in every judicial case!
(Leshan Shizhong District People's Court, Zeng Wenjie)