When we encounter a situation where there is no property to enforce in the name of the "old man" (i.e., the debtor who refuses to honor the judgment of the court), we often feel helpless. We can apply to list them as judgment defaulters, which is what we talk about in our lives"Lai".。However, due to the difficulty of implementation, in recent years, the state has successively introduced a series of measures to restrict the "old lai". Please seeLitigation ChampionSeven tricks to sum up! Teach you how to deal with the "old guys"!
Internet invasion and deletion.
The first move: enforcement measures in the Civil Procedure Law
When the "old lai" is listed as a dishonest person subject to execution, it will be:
1. Enforce the deposit;
2. Enforcement income;
3. Enforce ** and other property;
4. Enforce movable property such as vehicles;
5. Enforce accounts receivable and other property;
6. Enforce land, real estate and other immovable property;
7. Compel the person subject to the application for enforcement to return specific property;
8. Double the payment of interest on the debt during the period of delay in performance and the payment of the penalty for delayed performance;
9. Fines, detention and other compulsory measures;
10. Restrictions on entry and exit, etc.
The second trick: enforcement of special targets
If the other party has no money in his bank account, can't we do anything about it? No, you can also apply to the court to enforce a special subject:
1. Implement the only housing;
2. Wage income of the person subject to enforcement;
3. Enforce the pension of the person subject to enforcement;
4. Enforcement of spouse's property;
5. Enforcement of a large amount of property of unknown origin of minor children;
6. Compulsory auction of the mobile phone number of the person subject to enforcement.
The third trick:Special Acts Prohibited
If the other party has no money, no house or car, and refuses to pay back, you can also apply to the court to prohibit him from some special acts
1. Prohibition of entry and exit;
2. Prohibiting judgment defaulters from going on the expressway;
3. Prohibit certain driving behaviors of judgment defaulters;
4. Freeze the driver's license and restrict the annual inspection of the driver's license.
The fourth move: all-round restrictive measures
If the debtor has already transferred the property, you can apply to the court to blacklist it and take all kinds of restrictive measures:
1. Limit high consumption;
2. Restrictions on engaging in specific industries or projects;
3. **Support or subsidy restrictions;
4. Qualifications restricted;
5. Restrictions on access qualifications;
6. Honor and credit restrictions;
7. Restrictions on special market transactions;
8. Cannot serve as the legal representative, director, supervisor, senior manager, etc. of the enterprise;
9. Restrict bidders, bidding institutions, bid evaluation experts and other bidding and employee bidding activities;
10. Restrict online payment tools and credit such as Alipay and Sesame Credit.
The fifth trick: convenient, fast and strong execution of behavior
1. Publish information on judgment defaulters to the public;
It is to be disclosed to the public through various forms such as the national platform for the publication and inquiry of the information on the Judgment Defaulters List of Courts, relevant websites, mobile clients, and outdoor websites, for the public to make inquiries free of charge.
2. Rapid network query and execution of investigation and control;
3. Inquire about the property every six months;
Sixth move: other enforcement and restrictive measures
1. Communication restrictions and "ringtones for untrustworthy persons";
For example, the Pinglu County People's Court issued notices of assistance in enforcement to telecommunications, mobile, and China Unicom operators, and customized measures for the untrustworthy to "ringtone for the untrustworthy".
2. Driver's restriction order;
3. Announce the reward to provide property clues;
4. Implement bounty insurance.
Seventh trick:The ultimate move - the pursuit of criminal responsibility
In the face of "old scoundrels" who do not repay the money, they may refuse to enforce the judgment or ruling of the people's court in accordance with the provisions of article 313 of the "Criminal Law of the People's Republic of China", and where the circumstances are serious, it is to be the crime of refusing to enforce the judgment or rulingPursue criminal responsibility
Litigation ChampionReminders
In the event of non-repayment of the money owed, the lender should not speculate on the judiciary with fear of difficulties, but should sue the court in a timely manner, and at the same time choose whether it needs to hire a lawyer according to the amount of money borrowed to ensure that it can better realize its own creditor's rights and interests and protect its legitimate rights and interests.