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"if he hadn't told us that he worked in the town government, why would we have given him 150,000 yuan on credit to sell air conditioners to him?" speaking of his experience, mr. yang from ankang, shaanxi, regretted it deeply.

selling air conditioners on credit: the other party said he was a town government official and owed 150,000 yuan for selling air conditioners

on august 27, mr. yang told the huashang daily dafeng news reporter that in june 2018, jiang, a staff member of the tourism department of puchi town government of hanyin county, ankang city, came to mr. yang's hanyin samsung central air conditioning store to buy air conditioners and fresh air systems, saying that the health club he opened in the phoenix building in the south of hanyin city was a government investment project. at the same time, jiang also said that he also had a government-invested health agriculture development co., ltd. in the fengyan ancient terraced fields scenic area in xuanwo town, hanyin county, which was also supported by the government in a sunrise industry. the total amount of money he bought for air conditioners was 170,000 yuan, and he actually paid a deposit of 20,000 yuan. he said that the remaining amount would be allocated by government funds in about half a month, and would be paid in one lump sum at that time.

iou signed by jiang

mr. yang said that as a dealer, they usually cannot sell too much on credit. they learned that jiang was a staff member of the town government and had a formal job. they thought that jiang would not do anything reckless and he also produced an iou. they thought that the payment would be received in half a month, so they organized the supply in time and installed the air conditioner according to jiang's requirements.

unexpectedly, half a month later, jiang delayed paying the money as agreed. since then, mr. yang has repeatedly approached jiang to ask for repayment, but was told that the store was not doing well. jiang later said that he had not worked for the government for two years.

litigation for rights protection: the court ordered jiang to repay the loan and pay interest, and put him on the list of dishonest persons

mr. yang said that they had no choice but to sue jiang in court. the civil judgment of hanyin county people's court shows that the defendant jiang should pay the plaintiff ankang meige trading co., ltd. 150,000 yuan for the goods and interest, with the interest starting from october 1, 2019, until the date when all principal and interest are paid off.

a "decision on dishonesty" (2020) shaanxi 0921 execution no. 354 provided by mr. yang shows that jiang was included in the list of dishonest debtors.

at the same time, the information on the list of dishonest persons subject to execution will be reported to relevant government departments, financial regulatory agencies, financial institutions, public institutions with administrative functions and industry associations, so that relevant units can impose credit punishment on dishonest persons subject to execution in government procurement, bidding, administrative approval, government support, financing and credit, market access, qualification certification, etc. in accordance with laws, regulations and relevant provisions; the information on the list of dishonest persons subject to execution will be reported to credit reporting agencies, which will record it in their credit reporting systems; if state employees, deputies to the national people's congress and members of the chinese people's political consultative conference are included in the list of dishonest persons subject to execution, their dishonesty will be reported to their units and relevant departments.

if consumption is carried out in violation of the regulations and it is verified to be true, a fine and detention will be imposed in accordance with article 111 of the civil procedure law of the people's republic of china; if the circumstances are serious and constitute a crime, criminal liability will be pursued in accordance with the law.

the signature date is october 12, 2020.

the court's execution notice against jiang

relevant parties responded: jiang was expelled from the party for "dishonesty" but retained his public office and is still working in the town government

on september 3, mr. yang told the reporter of huashang daily that although jiang had not repaid his debts and was listed as a dishonest person, he learned that jiang had returned to work at the puxi town government in recent years and had been promoted. mr. yang approached the county court execution bureau several times to request execution, but was told that jiang had no property to be executed.

jiang's name appeared in a document provided by mr. yang, including a contact list, cadre posting notice and other documents issued by puchi town in 2024.

the name jiang is in the relevant address book

the reporter contacted jiang, but his phone was busy. he changed several phone numbers, but they all showed "busy" and there was no response to the messages he left.

mr. yang contacted the relevant personnel in jiang's department, who said that jiang's mobile phone number was correct and that he generally would not answer calls without his name. he also said that jiang was currently mainly in charge of rural industries.

on september 3, a reporter from huashang daily called the head of the discipline inspection commission of puxi town government, who said that jiang was a public official of puxi town and worked normally. regarding jiang's being listed as a dishonest person by the court, the head said that the superior discipline inspection commission had expelled jiang from the party but retained his public office.

on the evening of september 3, a reporter from huashang daily called the leader of the party committee of puxi town, who said that jiang was now working normally, was a member of the public institution system, and was affiliated with the cultural tourism service center of the town government. regarding jiang's listing as a "dishonest person", he said that jiang's debt was a personal act, and the superior disciplinary committee had dealt with the matter. the person owed money could pursue it through legal channels, and the town would actively cooperate.

on september 4, a reporter from huashang daily dafeng news sent another text message to jiang, hoping to verify the content of mr. yang's real-name report. as of press time, jiang had not called back or replied to the message.

lawyer's opinion: you can apply to the court to withhold and withdraw the income of the person subject to execution according to law.

zhang xiaojing, a lawyer at beijing kangda (xi'an) law firm, believes that yang can provide the people's court with clues about the work unit and income of the person subject to execution, and apply for the people's court to issue a notice of assistance in execution to his work unit, and detain and withdraw his work income according to law. at the same time, if it can be proved that the person subject to execution has concealed or transferred property, a criminal complaint can also be filed with the public security organ for suspected refusal to execute a judgment or ruling.

the regulations on disciplinary actions against civil servants of administrative organs do not stipulate that civil servants should be directly dismissed when they are listed as dishonest debtors due to civil disputes, but the applicant for execution can provide the court with information about their work unit. the people's court can require the work unit to assist in executing the debtor's income through a ruling in order to achieve the purpose of fulfilling the debt.

huashang daily news reporter she hui, editor li zhi