If I can t afford to pay for a car accident, will my home be auctioned

Updated on society 2024-02-21
4 answers
  1. Anonymous users2024-02-06

    If it is enforced, it depends on whether your house is the only house, whether it is a villa, if it is the only house, it will not be auctioned and enforced, if it is a villa, even if it is the only house, it will be enforced.

    If you can't compensate, then as a dishonest person subject to execution, you won't be able to sit on the high-speed train or plane.

  2. Anonymous users2024-02-05

    If the traffic accident causes economic losses to others, the perpetrator shall bear the responsibility for compensation, and if the issue of compensation cannot be resolved through negotiation, the victim may file a lawsuit with the court to request the court to make a judgment in accordance with law and apply to the court for compulsory enforcement.

    According to the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts, if the applicant for enforcement provides a residential house for the person subject to enforcement and his or her dependents in accordance with the local standard for the guaranteed area of low-rent housing, or agrees to deduct five to eight years' rent from the sale price of the house with reference to the average rent standard of the local housing rental market, the people's court may enforce the residential housing necessary for the person subject to enforcement and his or her dependents.

    Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts

    Article 20: In the course of the enforcement of monetary creditor's rights, if any of the following circumstances are met, and the person subject to enforcement raises an objection on the grounds that the subject matter of enforcement is the residential house necessary for the maintenance of the living of himself and his dependents, the people's court will not support it:

    1) The person who has an obligation to support the person subject to enforcement has other residential houses in his name that can maintain the necessities of life;

    2) After the basis for enforcement takes effect, the person subject to enforcement transfers other houses under his name in order to avoid debts;

    3) The person applying for enforcement provides residential housing for the person subject to enforcement and his or her dependents in accordance with the local standard for the guaranteed area of low-rent housing, or agrees to deduct five to eight years' rent from the price of the house with reference to the average rent standard of the local housing rental market.

    Where the basis for enforcement determines that the person subject to enforcement has delivered a house for residence, a grace period of three months has been given since the date of service of the enforcement notice, and the person subject to enforcement raises an objection on the grounds that the house is necessary for him and his family members to maintain his or her life, the people's court will not support it.

  3. Anonymous users2024-02-04

    It's possible. As long as it is subject to court judgment or mediation, you need to bear the obligation to pay, and if you do not perform in time, the property in your name may be auctioned for cash and paid to creditors.

    Therefore, if the case has not yet been heard, it is recommended to consult or entrust a professional lawyer to handle the case to minimize or exempt you from liability.

    Of course, what you are talking about is a traffic accident dispute, and if you have purchased sufficient insurance and it is within the scope of the claim, then you can ignore the insurance company and directly handle the lawsuit. If in doubt, it is advisable to consult a lawyer or legal professional.

  4. Anonymous users2024-02-03

    Legal analysis: After a traffic accident, the court cannot auction the house that is the only necessary living of the person responsible, and can only seal the house.

    1) The person responsible for the traffic accident shall bear the liability for the losses caused by the accident, and the driver who caused the accident is temporarily unable to compensate, and the driver's unit or vehicle owner shall pay in advance (2) The vehicle involved in the accident is owned by the unit, and the driver performs his duties, that is, performs the duties of the driver in the process of work or production, and the behavior is appointed or recognized by the unit or vehicle owner, and the unit or vehicle owner bears the responsibility for accident compensation (3) Entrusting others to buy a car, and the person who caused the accident after purchasing a car, the principal shall bear the liability for compensation. In the event of a traffic accident during the period of entrusting others to repair and keep the vehicle or during the parking lot parking, the person who repairs the imitation fiber, the custodian, and the parking lot shall be liable for compensation (4) If the stolen vehicle is involved in a traffic accident and causes the victim's property loss, the perpetrator shall be liable for compensation in accordance with the law, and the owner of the stolen motor vehicle shall not be liable for damages (5) The driver and the vehicle involved in the accident do not belong to the same unit, and the driver and the beneficiary unit using the motor vehicle are the defendants, and the beneficiary unit shall pay compensation in advance (6) In the event of a traffic accident involving a borrowed vehicle without compensation, the driver and the beneficiary shall be jointly liable for compensation (7) If the person responsible for the traffic accident dies, the heirs of the estate shall not give up the inheritance, but shall only bear the responsibility within the amount of the inherited property. If the heir of the estate renounces or loses the inheritance, the heir shall not be liable for compensation because there is no inheritance to be inherited(8) The passenger who holds a ticket or is exempted from the ticket according to the regulations, holds a preferential ticket or takes a passenger without a ticket with the permission of the carrier, and dies during transportation, the carrier shall be liable for damages (9) If the passenger rides with free of charge, the driver cannot be exempted from liability in principle, and the driver's liability for compensation shall be reduced according to the principle of negligence in consideration of the specific circumstances (10) The driver shall be responsible for a traffic accident caused by learning to drive, The coach is partially or fully responsible.

    Legal basis: "Provisions of the Supreme People's Court on the Seizure, Seizure, and Freezing of Assets in Civil Enforcement by the People's Courts" Article 4: The people's courts may seal up residential houses necessary for the livelihood of the person subject to enforcement and the family members they support, but they must not auction, sell, or redeem debts.

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