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What are the enforcement measures

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What are the enforcement measures


        

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  • 2024-05-26 14:01:23

    The common methods and means of enforcement by the people's courts in China are as follows:

    1、 Query, freeze, and transfer the deposit of the applicant for execution.

    2、 Withholding and withdrawing the income of the person against whom enforcement is sought.

    3、 Seal up, distrain, auction or sell off the property of the person against whom enforcement is sought.

    4、 Search the property concealed by the person applying for execution.

    5、 Force the person against whom enforcement is applied to deliver the property or documents specified in the legal document.

    6、 Compulsory the person to be enforced to move out of the house or land.

    7、 Enforce acts specified in legal documents.

    8、 Compulsory double payment of debt interest and payment of delay penalty during the period of delay in performance.

    9、 Compulsory handling of transfer procedures of relevant property certificates.

    [Legal Basis]

    In Article 242 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, the people's court has the right to inquire the relevant units about the deposit, bonds, stocks, fund units and other property of the person subjected to execution.

    The people's court shall have the power to distrain, freeze, transfer and change the property of the person subjected to execution according to different circumstances. The property inquired, detained, frozen, allocated or liquidated by the people's court shall not exceed the scope of the obligations that the person subjected to execution should perform.

    When the people's court decides to distrain, freeze, allocate or change the value of property, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the relevant units.

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