The arbitration mediation agreement shall take effect upon its signing and acceptance by both parties, and shall have the same enforceability as the arbitral award. If either party fails to perform the agreement, the other party may apply to the court for compulsory enforcement, and the enforcement period shall be two years.
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If the unit transfers property to evade enforcement, it can apply for preservation, compulsory enforcement inspection and control, request to revoke the transfer act, and legally require the uninvested shareholders to bear responsibility.
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After the arbitration award takes effect, if the unit fails to perform its obligations, it may apply to the people's court for enforcement. The period for applying for enforcement is two years. Prepare the effective document, the proof of effectiveness, and the clues to the property.
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If the attendance records are tampered with, you can apply to the arbitration tribunal to order the unit to submit the original data. If the unit refuses to submit the data, it will bear adverse consequences. Immediately take screenshots and record videos for backup, and apply for arbitration within one year.
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The unit will bear unfavorable consequences if it destroys or refuses to provide the evidence in its possession, and may also be fined or detained. Workers should promptly fix counter-evidence and apply for arbitration within one year.
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Colleagues' testimonies are statutory evidence and can be admitted as evidence, but their probative force may be affected by their vested interests. Testimonies from witnesses who have a vested interest in a party cannot be used to determine the case alone, and they must be corroborated by attendance records, pay slips, and other evidence.
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The statute of limitations for promissory notes and IOUs is both three years, but the starting points are different: promissory notes start from the expiration of the agreed repayment period or the reasonable grace period; IOUs, as settlement documents, usually start from the date of issuance. In practice, it is advisable to promptly urge the other party to interrupt the statute of limitations.
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If the name on the IOU is written incorrectly, it does not necessarily mean that the creditor's rights will be lost. The creditor can prove that the name on the IOU is the same as the actual borrower through methods such as ID card numbers, transfer records, chat records, audio recordings, etc. If necessary, the creditor can apply for handwriting identification.
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Creditors are not allowed to seize the debtor's goods for debt repayment without authorization. Private seizure may constitute infringement. Creditors should realize their rights through public remedies such as property preservation, litigation, and forced execution. Under certain conditions, a right of retention can be established.
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The wages can be withheld and withdrawn, but the necessary living expenses of the debtor and the dependents supported by him/her must be reserved. Where there are minimum living standards in the local area, the amount shall be determined in accordance with such standards, and priority shall be given to alimony, medical expenses, etc.
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Only vehicles can generally be sealed up and auctioned: vehicles are movable property and are not essential for living, so the court can evaluate and auction them to settle debts; if there are objections to the enforcement actions or ownership, the parties concerned can file an enforcement objection in accordance with the law.
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In principle, the company's debts shall be paid off with the company's assets, and the legal representative of the company will generally not be detained for this reason; however, if the legal representative refuses to perform the effective legal documents, obstructs the execution of the judgment, or engages in acts of personal identity confusion, they may be fined or detained.
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The debtor's disappearance does not affect the creditor's rights: the creditor can directly file a lawsuit and serve the debtor by public announcement, enforce the judgment, and conduct online investigation and control; if the debtor's whereabouts remain unknown for more than two years, the creditor can apply for a declaration of the debtor's disappearance; and the statute of limitations is three ...
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Even without proof, you can still protect your rights in the event of a cash loan dispute. Within the three-year statute of limitations, you can use transfer records, chat logs, evidence of debt collection, and audio recordings to strengthen the chain of evidence. If necessary, you can file a lawsuit and apply for property preservation.
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If the government refuses to disclose information, the applicant may apply for a review within 60 days or file a lawsuit within six months. The government should verify whether the reasons such as "the information does not exist" and "involving third-party privacy" are valid, and if the information can be processed, it should be disclosed to the public.
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