Author: Lawyer Zhou Jun.
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If the defendant fails to perform the obligation of the judgment after winning the judgment, the applicant shall apply for compulsory enforcement within the statutory time limit.
After the enforcement case is filed, the court will take measures to dispose of and investigate the relevant property, and if no clues about the property are found or the property under investigation and control cannot be disposed of temporarily, the enforcement will be terminated (hereinafter referred to as the "final version").
At this time, what should the applicant do?
First, an application should be made to see whether the enforcement judge has exhausted the relevant measures.
If it is considered that the enforcement measures have not been exhausted (see: A Complete List of 30 Compulsory Measures that the Enforcer Can Apply to the Court to Take), it is an illegal "final version", and the applicant may submit a written objection to the people's court responsible for enforcement, and if the applicant is not satisfied with the objection ruling, he may also apply to the people's court at the next higher level for reconsideration within 10 days from the date of service of the ruling.
Secondly, you should apply for resumption of enforcement by inquiring about property clues in the following ways.
1. If the enterprise subject to enforcement is an enterprise, it can obtain the bank account information that has not yet been discovered or paid by a third party by inquiring about its industrial and commercial files, tax payment, social security provident fund payment, enterprise invoice information, communication fee payment, water and electricity payment, etc.
2. If you still can't find useful information through the above methods, you can also try the following methods:
1.Purchasing goods or services from the other party in small amounts or conducting certain transactions in the name of a third party, and obtaining the other party's collection account, including a bank account or WeChat or Alipay account, or other accounts opened by multiple or borrowed names.
2.Search the transaction records of previous transactions with the person subject to enforcement to obtain the information of the receiving account.
3.If you check the judgment documents, especially preservation documents, on the judgment documents website, there may be accounts of the person subject to enforcement that have been preserved or sealed, or there may be account information involved in disputes.
Thirdly, the following types of litigation can also be used to remove obstacles to enforcement and supervise enforcement.
Such as subrogation actions;Avoidance proceedings;Litigation alleging bad faith or invalidity of bad faith contracts;Litigation to hold shareholders or founders or officers accountable;Litigation to investigate liability for confusion of personality of legal persons;Litigation to hold third parties liable (false capital verification, appraisal);A third party files an action to dismiss the false (bad-faith) action;Litigation requiring a third party to bear the debts of the person subject to enforcement;Suit for Permission to Enforce;Litigation against the distribution plan and subrogation litigation (see Supreme People's Court: Creditors Can Expand the Scope of Enforcement and Safeguard Enforcement Rights and Interests through These 11 Lawsuits) for details. Finally, it is required that the person subject to enforcement be held criminally responsible for the crime of "refusing to execute a judgment or ruling".
If it is found that the person subject to enforcement or the guarantor has hidden, transferred, or intentionally damaged property of more than 20,000 yuan, making it impossible to enforce the judgment or ruling, he may request the court to transfer it, or report the case to the public security organ, and if the public security organ does not accept it, he may also conduct a private criminal prosecution (see How to pursue the criminal responsibility of the person subject to enforcement for refusing to perform the judgment or ruling?).）。If you need help, you can send a private message, and you will be answered
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