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There is still no money after the payment order is issued

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There is still no money after the payment order is issued


        

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  • 2024-06-18 10:00:04

    After the debtor receives the payment order, if the debtor fails to perform within the time limit due to lack of money, the creditor may apply for enforcement. If there is no property to enforce after enforcement, the court will terminate this enforcement procedure. The procedure for applying to the court for enforcement is:

    (1) Application. The parties must implement legally effective civil judgments and orders as well as criminal judgments and orders. If one party refuses to perform, the other party may apply to the people's court of the jurisdiction for enforcement, or the judge may transfer the case to the enforcement officer for enforcement;

    (2) Court acceptance;

    (3) Apply for reconsideration;

    (4) The court will issue a notice of enforcement to the person subjected to enforcement;

    (5) Take compulsory measures.

    Legal basis

    Article 216 Payment Order of the Civil Procedure Law of the People's Republic of China (2017 Revision)
    After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order 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.

    M***

    2024-06-18 10:00:04

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