I Non payment of money owed Enforcement What should we do if we don't
If the respondent still fails to perform the payment after the request for enforcement is made to the judicial authority debt Obligations, creditor Have the right to provide the court with important clues about the property status of the respondent, so as to urge the court to take more powerful enforcement means, with a view to using these assets to compensate the debt owed. If the person subjected to execution does not have any property available for execution at the execution stage, the court will impose a maximum injunction on him according to law and include him in the list Dishonest executor Within the list. If after all the above enforcement measures, the court is still unable to obtain sufficient property to repay the debt, and the court has to announce the suspension of the enforcement procedure, and resume the enforcement when the person subjected to enforcement has sufficient liquidity in the future.
《 civil procedure law 》Article 242
If the executor fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property situation and the property situation of the year before the date of receiving the execution notice. If the person subjected to execution refuses to make a report or makes a false report, the people's court may, according to the seriousness of the case agent The person, the main person in charge of the relevant unit or the person directly responsible shall be fined or detained Article 241 of the Civil Procedure Law
If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, he shall report the current property situation and the property situation one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or makes a false report, the people's court may, according to the seriousness of the case, fine or detain the person subjected to execution or his legal representative, the main person in charge of the relevant unit or the person directly responsible.
2、 What is the mandatory implementation process for non repayment of arrears
The specific operation mode of the court in the implementation process mainly includes the following steps:
The first is to query, and then implement freezing and transfer measures on the assets of the respondent;
The second is to take appropriate means, such as detaining and withdrawing the respondent's source of income;
The third is to deal with the property under the name of the applicant through sealing up, detaining and ultimately through auction, sale and other procedures;
In addition, the respondent's hidden property can also be searched according to law;
Finally, the property or documents that should be delivered to the beneficiary as stipulated in the legal documents can be realized by the court through compulsory means.
Article 249 of the Civil Procedure Law
The property or tickets to be delivered as specified in the legal document shall be delivered by the executor Subpoena Both parties shall deliver the goods in person, or the goods shall be delivered by the executor and signed by the person to be delivered.
If the relevant unit holds the property or tickets, it shall hand them over according to the notice of the people's court for assistance in execution, and the person to whom they are delivered shall sign for them.
If the citizen concerned holds such property or negotiable instruments, the people's court shall notify him to hand them over.
If he refuses to hand over the goods, compulsory execution shall be carried out.
The power of law lies not only in its binding force, but also in its educational and guiding role. It teaches us how to act correctly, how to respect the rights and interests of others, and how to maintain social justice and fairness. As the title of this article puts forward, "What should we do if we still do not pay the money we owe after enforcement", we can get many valuable enlightenment and lessons from it. We should cherish these lessons and internalize them into our code of conduct so that we can better abide by the law and live in this society under the rule of law.
Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.
Site Map