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What should we do if the other party refuses to execute the case?

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What should we do if the other party refuses to execute the case?


        

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  • 2024-06-13 12:01:43

    What should we do if the other party refuses to execute the case? If the other party who wins the lawsuit refuses to execute, it can apply to the court for a payment order, and if the other party refuses to execute, it can apply for compulsory execution. According to Article 214 of the Civil Procedure Law of the People's Republic of China, a creditor may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met when requesting the debtor to pay money or securities: (1) there is no other debt dispute between the creditor and the debtor; (2) The payment order can be served on the debtor. The application shall clearly state the amount of money or negotiable securities requested and the facts and evidence on which it is based. Article 216 After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue an order of payment to the debtor within 15 days from the date of acceptance if the relationship between the creditor and the debtor is clear and legal; If the application is untenable, it shall be rejected by a ruling. The debtor shall pay off the debt within 15 days from the date of receiving the order of payment, or raise a written objection to the people's court. If the debtor neither raises an objection nor performs the order of payment within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement. Data: Article 231 of the Civil Procedure Law of the People's Republic of China provides guarantee to the people's court during the execution, and the people's court may decide to suspend the execution and the time limit for the suspension of the execution with the consent of the applicant for execution. If the person subjected to execution still fails to perform within the time limit, the people's court shall have the power to enforce the property guaranteed by the person subjected to execution or the property of the guarantor. Article 232 If a citizen subjected to execution dies, his debts shall be repaid from his estate. If the legal person or other organization as the person subjected to execution terminates, the successor of its rights and obligations shall perform its obligations. Article 233 After the completion of execution, if the judgment, written order or other legal documents on which the execution is based have definite errors and have been revoked by the people's court, the people's court shall make a written order ordering the person who obtained the property to return the property that has been executed; If they refuse to return, compulsory execution shall be carried out.

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