Author: Lawyer Zhou Jun.
If you need help, you can send a private message, and answer all questions
worked hard to win the lawsuit, but got the judgment and couldn't get the money. When applying for compulsory enforcement, the person subject to enforcement has "no property", and it is difficult to enforce, which is a situation that creditors often encounter.
Why is it difficult to execute?Because most creditors are not familiar with the enforcement process, do not know the scope of enforcement property, do not know how to communicate with the judge, what clues to provide, how to investigate the property "transferred and hidden" by the person subject to enforcement and what measures to take against these properties, and even do not know that they can also use the "crime of refusal to execute" as a killer feature.
1. The legal provisions for enforcement proceedings simply say this:
1.Within two years of winning the lawsuit, the effective judgment shall be enforced in the first-instance trial court or the people's court at the same level as the first-instance trial court where the property subject to enforcement is located.
2.After the court files the case, a judge is assigned, and the judge and the creditor contact to start the execution.
3.The law stipulates that the court shall inquire about the deposits, bonds, and shares of the person subject to enforcement, withhold and withdraw the income of the person subject to enforcement, and seal, seize, freeze, auction, and sell the movable or immovable property of the person subject to enforcement, such as cars and real estate.
4.If the person subject to enforcement conceals property, the court may also issue a search warrant to search the person subject to enforcement and his residence or place where the property is hidden.
5.If the above measures are still not enforced, the court may impose pressure on the person subject to enforcement by restricting them from leaving the country, restricting high consumption, joining the list of dishonest persons, and publishing information on non-performance of obligations.
6.Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement.
2. In order to successfully enforce these assets, it is necessary to have an "in-depth" communication with the judge and provide the following specific property clues:
(a) Immovable property;(land, houses, etc.).
(ii) General movable property.
1.Motor vehicles, ships, aircraft and other means of transport;machinery and equipment and other movable property;
2.Equity;**Deposit;**Share;Bonds and other valuable**;
3.Warehouse receipts, bills of lading corresponding to property;Accounts receivable;Maturity creditor's rights, court judgment rights, etc.;
4.Gold and silver and other precious metals;Mineral Interests;intellectual property rights, etc.
iii) Special assets.
Special assets are assets that require some restrictions at the time of execution.
1.Special real estate.
Sole housing, unlicensed real estate, nominee real estate, real estate on collective land, real estate on leased land, unlicensed real estate on state-owned land, pre-sold commercial housing.
2.Special movable property.
Tenpay, Alipay, online platform account property, salary income, pension, retirement pension, provident fund, property in the name of children (real estate purchased in the name of children during the enforcement of debts or huge assets of unknown origin of minor children), and even their valuable mobile phone numbers can be auctioned.
3. Execution is a technical job, but it is more of a hard work.
Enforcement is not like litigation, after getting the notice of filing, the rest is the business of the enforcement judge.
Filing a case is only the beginning of the execution, and the communication and supervision with the enforcement judge;Investigate and discover and implement property clues and information that can be enforced;Different legal means are adopted according to the nature of the property;Some of the assets concealed and transferred by the person subject to enforcement still need to be recovered through litigation, which requires sufficient time and energy.
If you want to implement it smoothly, you can only get back your hard-earned money by going to the court to communicate with the judge, making great efforts to find clues about the property, locking the property, and not only relying on the judge to act in accordance with the law.
Fourth, the ultimate killer move: criminal accountability.
For the specific application of the crime of refusal to execute, please refer to the previous article "If it is found that 20,000 yuan of property has been transferred, the applicant can report the case and request that the person subject to enforcement be sentenced and fined!".》
If you need help, you can send a private message, and answer all questions
Popularize legal knowledge to help you protect your rights and interests.
Pay attention to likes**, so that relatives and friends can be protected by law!