I lent my uncle 1 billion VND, no collateral, for a term of 1 year, but it has been 5 years now and I still haven't gotten my money back. I filed a lawsuit in court, requesting to seize and freeze my uncle's land plot worth about 1 billion VND. However, at this time, my uncle said that the land plot was registered in his son's name, and this son also confirmed that the land did not belong to him. Currently, my uncle has sold it to someone else and received a deposit of 800 million VND, both parties have notarized it, and are waiting for the name change procedure.
So can the court freeze the above assets to ensure the execution of the judgment for me later? In this case, what should I do to ensure my rights? What should I have done right from the beginning when lending such a large amount of money to avoid default?
Reader Nguyen Hoan.
Consulting attorney
Lawyer Truong Ngoc Lieu (Hanoi Bar Association) advised that the land plot your uncle sold to someone else and has been notarized, but the name change procedure has not been completed according to regulations. Accordingly, although the uncle claimed that he was only putting his name on his son's behalf and the son also confirmed this, this is still your uncle's property.
People perform notarization procedures at Notary Office No. 1, Ho Chi Minh City
If there is reason to believe that your uncle sold the land to dispose of assets, in order to ensure the execution of the judgment, you have the right to request the court to apply emergency measures to temporarily freeze the above land (Articles 111, 114 and Article 134 of the Civil Procedure Code).
In that case, you must make a request and submit the accompanying evidence to prove the necessity and you must be responsible before the law for your request. In case the request for temporary emergency measures is incorrect and causes damage to the person being applied, or the bona fide land buyer, you must compensate (Clause 1, Article 113 of the Civil Procedure Code).
In addition, for the measure of freezing assets, the law requires you to perform the guarantee obligation. Specifically, you must submit to the court a guarantee document secured by assets of a bank, or other credit institution, or of another agency, organization, or individual, or deposit an amount of money, precious metals, precious stones or valuable papers determined by the court. This asset must be equivalent to the loss or damage that may arise as a result of the incorrect application of the temporary emergency measure.
The purpose of the above is to protect the interests of the person subject to temporary emergency measures, and to prevent abuse of this right (Article 136 of the Civil Procedure Code).
To avoid future problems, when lending money of large value, the lender may require the borrower to fulfill obligations including: pledging assets, mortgaging assets and guaranteeing (Articles 309, 317, 335 of the Civil Code).
This is a way to ensure that in case the borrower violates the loan repayment obligation, the lender can request the guarantor to perform the obligation, or handle the property used as collateral to recover the principal and interest (if any).
Source: https://thanhnien.vn/ban-dat-da-cong-chung-nhung-chua-sang-ten-co-duoc-yeu-cau-phong-toa-185240628222036967.htm
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