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After the court decides on an overdue car loan, should the money be returned to the court or to the car loan company?

It is a car loan company. After the court judgment takes effect, the lender should automatically fulfill the execution target amount determined by the judgment. If it fails to perform, it can be enforced.

After the judgment, an agreement can be reached with both the plaintiff and the defendant to repay the debt in installments. If the defendant refuses to fulfill the judgment without being capable during the execution process, he will not bear criminal liability.

According to the "Civil Procedure Law of the People's Republic of China"

The period for applying for enforcement is two years. When applying for the suspension or interruption of the statute of limitations, the provisions of the law on the suspension or interruption of the statute of limitations shall apply. The period specified in the preceding paragraph shall be calculated from the last day of the performance period stipulated in the legal document; if the legal document stipulates performance in installments, it shall be calculated from the last day of each performance period specified in the legal document; if the legal document does not stipulate a performance period, the period shall be calculated from the last day of the performance period specified in the legal document. calculated from the effective date of the document.

In Article 230, if both parties reach a settlement agreement on their own, the enforcement officer shall record the contents of the agreement in the transcript and have both parties sign or seal it. If the person applying for execution reaches a settlement agreement with the person subject to execution due to fraud or coercion, or the party fails to perform the settlement agreement, the people's court may resume execution of the original effective legal document based on the application of the party.

According to Article 313 of the Criminal Law of the People's Republic of China, anyone who is capable of executing the judgment or ruling of the People's Court but refuses to execute it, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years. Imprisonment, criminal detention or a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

With reference to Article 214 of the "Civil Procedure Law of the People's Republic of China", if the creditor requests the debtor to pay money or securities and meets the following conditions, it may request the debtor to pay money or securities to the person with jurisdiction. To apply for a payment order from the basic people's court:

(1) The creditor and the debtor have no other debt disputes.

(2) The payment order can be served on the debtor. The application shall state the amount of money or securities requested and the facts and evidence on which it is based.

With reference to Article 236 of the "Civil Procedure Law of the People's Republic of China", the parties must fulfill any legally effective civil judgment or ruling. If one party refuses to perform, the other party may apply to the People's Court for enforcement, or the judge may transfer the matter to an execution officer for enforcement. The parties concerned must perform the mediation agreement and other legal documents that should be executed by the People's Court. If one party refuses to perform, the other party may apply to the People's Court for enforcement.

After the judgment, an agreement can be reached with both the plaintiff and the defendant to repay the debt in installments. If the defendant refuses to fulfill the judgment without being capable during the execution process, he will not bear criminal liability.

Reference for the above content: China National People’s Congress website - General Principles of the People’s Republic of China and Civil Law