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What should I do if I have to pay back the money after the debt judgment is enforced?

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Source: Legal Chart Compilation · 2024.03.01 · 8457 people have seen it
Guide: If the borrower still fails to repay after the court takes compulsory measures, the court may suspend the adoption of compulsory measures and continue to take compulsory measures after the borrower has property that can be enforced. If it is still unclear what to do if the debtor fails to pay the money after the debt judgment is enforced, you can choose to continue reading this article.
 What should I do if I have to pay back the money after the debt judgment is enforced?

1、 After debt judgment Enforcement What if I don't pay back the money?

1. If the borrower still fails to repay after the court takes compulsory measures, the court may suspend taking compulsory measures.

If the debt is still unpaid after compulsory execution, the court will inquire the property under the name of the person to be executed, such as house property, vehicles, securities and deposits, and deal with it according to the specific circumstances of the inquiry:

(1) If the person subjected to execution is really unable to perform, the court may suspend the execution temporarily and resume the execution at any time after he is able to perform;

(2) If the person subjected to execution is unable to repay the loan due to living difficulties, has no source of income, and Incapacity The court will terminate the execution.

2. If there is property available for enforcement under the name of the person subjected to enforcement, the people's court shall enforce according to law. The common methods and means of enforcement are as follows:

(1) Query, freeze and transfer the deposits of the person subjected to execution in the financial system;

(2) Withholding or withdrawing the income of the person subjected to execution from an outsider;

(3) To seal up, distrain, freeze, auction or sell off the property of the person subjected to execution;

(4) Search the person of the person subjected to execution and his domicile or the hiding place of his property;

(5) Subpoena The person subjected to execution delivers property or tickets, or compels him to deliver property or tickets;

(6) Forcibly move out of the house or land;

(7) Inform the relevant units to assist in handling the transfer procedures of property certificate;

(8) Enforce or entrust relevant units to complete the acts that should be completed by the person subjected to execution, and order the person subjected to execution to bear the costs.

3. If the person subjected to execution has the ability to refuse to execute, it is suspected that Crime of refusing to execute a judgment or order

If a person has the ability to execute a judgment or order of a people's court but refuses to do so, if the circumstances are serious, he shall be sentenced to not more than three years fixed-term imprisonment criminal detention perhaps fine ; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

2、 Need to withdraw the case after applying for enforcement?

1. It is not necessary to withdraw the case after applying for enforcement

The application for compulsory execution can be withdrawn. When the applicant applies for withdrawal based on his true intention, the court will respect the will of the parties to withdraw the case, but the court will not return the execution fee paid by the applicant when applying. If the applicant applies for compulsory execution again, the court shall still execute it.

2. Under any of the following circumstances, the people's court shall rule to terminate the execution:

(1) The applicant withdraws the application;

(2) The legal document on which the execution is based is revoked;

(3) The citizen who is the person subjected to execution dies, and there is no inheritance for execution and no person to assume obligations;

(4) Recourse Alimony support Fees Alimony The obligee of the case dies;

(5) The citizen subjected to execution is unable to repay the loan due to living difficulties, has no source of income, and loses the ability to work;

(6) Other circumstances under which the people's court deems it necessary to terminate execution.

3、 What if the court refuses to enforce?

1. If the court refuses to enforce, it may inquire about the reasons for the rejection.

(1) Only after the established conditions are met, the court will accept the application for compulsory execution and take appropriate compulsory measures.

(2) Court enforcement The cases that cannot include the fact that the person subjected to execution does not have assets to execute, the party concerned applies for postponement of execution, and the person subjected to execution evades execution by transferring assets. If this happens, the court will suspend the execution and deal with it according to the circumstances.

(3) During the execution of the court, the execution applicant has the obligation to provide the court with the property information of the person subjected to execution, and the court has the duty to investigate the property information of the person subjected to execution according to law. If obligor If there is really no enforceable property, the court will issue a ruling to suspend the execution, and creditor You can apply for resumption of execution immediately after finding that the debtor has enforceable property, and the court can also impose judicial detention on it as appropriate.

2. The people's court shall rule to suspend execution under any of the following circumstances:

(1) The applicant indicates that the execution can be postponed;

(2) An outsider raises a justified objection to the subject matter of execution;

(3) When a citizen who is a party dies, he needs to wait heir Right of inheritance Interest or obligation;

(4) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;

(5) Other circumstances under which the people's court deems it necessary to suspend execution.

If the borrower still fails to repay after the judgment of the court, the creditor may apply to the court for enforcement. If court finds that there is no property that can be enforced after taking compulsory measures, court will suspend enforcement. If yes What should I do if I have to pay back the money after the debt judgment is enforced If there are other related questions, you can click the "Consult Now" button below, and we will match the specialty lawyer Answer your questions.


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