Should the enforcement proceeds be paid first in principal or interest? 20

Implement the repayment of principal and interest.

Article 2 of the Reply of the Supreme People's Court on Issues Concerning How the People's Court Calculates Interest on Debts During the Period of Delayed Performance in Enforcement Work stipulates that if the enforcement amount is insufficient to repay all debts, it shall be enforced in proportion to the principle of repayment of the monetary debts determined in the legal documents and the interest on the debts during the period of delayed performance, unless otherwise agreed by the parties on the order of repayment in the enforcement settlement.

In terms of system design, it should be implemented in accordance with the principle of benefiting from the principal and repaying the principal and interest, that is, the execution funds that are implemented in place include the monetary debts determined by some legal documents and the interest on the debts during the period of delayed performance of the monetary debts.

When the enforcement money is used to repay the monetary debts in the judgment, if the parties do not agree on the order of repayment of the debts determined in the legal documents and the debt interest during the period of delayed performance, they shall be enforced in accordance with the principle of benefiting the principal and paying off.

From the perspective of fairness, the order of offset of debts reflects the concept of fairness, and at the same time, it is also to ensure the realization of creditor's rights. Cashing out the creditor's legitimate rights in accordance with the principle of benefiting the principal and paying off the principal can not only ensure that the applicant for enforcement can timely cash the principal and interest determined in the judgment, but also urge the person subject to enforcement to perform the judgment as soon as possible.

Pay the principal first.

Enforcement money generally refers to the amount of money that the court enforces against the person subject to enforcement and needs to pay to the applicant for enforcement according to the enforcement documents (such as effective judgments) and the enforcement application after accepting the application for compulsory enforcement.

For example, if A does not repay the money owed to B, B files a lawsuit with the court, and the court rules that B wins the lawsuit, but A still does not return the money owed (which may also include interest and case acceptance fees) to B after the court judgment takes effect, so B applies to the court for enforcement, and the court then seals A's bank deposit and directly deducts the part of the money that A should return to B from A's account, and this part of the deducted money is called the execution money.

Summary. Legal basis: Article 101 of the Procedural Law of the People's Republic of China If an interested party does not immediately apply for preservation due to an urgent situation, it will suffer irreparable damage to its lawful rights and interests, it may apply to the people's court with the place where the property to be preserved is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case to take preservation measures before initiating a lawsuit or applying for arbitration.

The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately. Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

Hello, glad to answer for you! Whether the court enforces the principal or interest first in the round of enforcement: Legal Analysis:

If the property of the person subject to enforcement is insufficient to pay off all the empty debts, unless otherwise agreed by the parties, the principle of "principal before interest" shall be applied to calculate the enforcement payment, that is, the monetary debts determined by the effective legal documents shall be paid off first, and then the interest on the debts shall be doubled.

Legal basis: Article 101 of the Procedural Law of the People's Republic of China If an interested party does not immediately apply for preservation due to the urgency of the situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with the place where the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case is to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately. Where the person applying for a stool fight does not initiate litigation or apply for arbitration in accordance with law within 30 days of the people's court taking preservation measures, the people's court shall lift the preservation.

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Analyze <> from a legal point of view

When the court enforces the principal, the principal is generally paid first and then the interest is generally paid when the enforcement money is insufficient to repay the entire debt. With regard to the order of repayment of the monetary debts determined in the effective legal documents and the interest on delayed performance, the monetary debts determined in the effective legal documents shall be paid off first, and the interest on the delayed performance shall be paid if there is any surplus. 1. When the execution money is insufficient to repay all debts, the principal is generally paid first and then the interest.

With regard to the order of repayment of the monetary debts determined in the effective legal documents and the interest on delayed performance, the monetary debts determined in the effective legal documents shall be paid off first, and the interest on the delayed performance shall be paid if there is any surplus.

The court enforces the principal or interest first.

Analyze <> from a legal point of view

When the court enforces the principal, the principal is generally paid first and then the interest when the enforcement money is insufficient to repay the entire debt. As far as the order of repayment of the monetary debts and interest on delayed performance determined in the effective legal documents is concerned, the monetary debts determined in the effective legal documents shall be repaid first, and then the interest on the delayed performance shall be paid if there is any surplus. 1. When the execution money is insufficient to repay all debts, the principal is generally paid first and then the interest.

With regard to the order of repayment of the monetary debts determined in the effective legal documents and the interest on delayed performance, the monetary debts determined in the effective legal documents shall be paid off first, and the interest on the delayed performance shall be paid if there is any surplus.

Legal basis: Article 260 of the Civil Procedure Law of the People's Republic of China provides that if the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, the interest on the debt for the period of delayed performance shall be doubled. Where the person subject to enforcement fails to perform other obligations within the time period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid.

Article 223:After accepting an 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 of the application if the creditor's rights and debts are clear and lawful; If the application is not sustained, a ruling shall be made to reject it. The debtor shall pay off the debts within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

Summary. Hello, the court enforces the deduction of the principal first. Details are as follows:

If the property of the person subject to enforcement is insufficient to pay off all the debts, unless otherwise agreed by the parties, the principle of repayment order of "principal before interest" shall be applied to calculate the enforcement payment, that is, the monetary debts determined by the effective legal documents shall be paid off first, and then the interest on the debts shall be doubled.

Hello, the court enforces the deduction of the principal first. The details are as follows: If the property of the person subject to enforcement is not enough to pay off all the debts, unless otherwise agreed by the parties, the principle of "principal before interest" shall be applied to calculate the payment for enforcement, namely:

The monetary debts determined by the effective legal documents shall be paid off first, and then the interest on part of the debts shall be doubled.

Legal basis: Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Calculation of Interest on Debts During the Period of Delayed Performance in Enforcement Procedures stipulates that if the property of the person subject to enforcement is insufficient to pay off all the debts, it shall be judged to first pay off the debts determined in the effective legal documents, and then pay off the interest on the debts doubled. However, if the parties reach a mediation agreement and agree to repay the interest first and then the principal, in the subsequent performance process, if the parties delay in making corrections when paying part of the execution payment, the interest part shall be deducted first and then the principal part as agreed, and the overdue interest may continue to be calculated for the unpaid principal.

Whether or not you can get the interest can only be based on the judgment of the court.

Content Execution. If the court orders the defendant to pay the principal and interest, the plaintiff can still apply for enforcement of the interest after receiving the principal. If the court decides that there is no interest, the interest can no longer be enforced, and the case is closed after the principal is paid.

Extended information] Court enforcement is a compulsory act taken by the court against the defendant according to the result of a legal judgment. This is a special coercive measure.

In accordance with the provisions of the legal documents, the enforcement personnel of the people's court are to compel the person subject to the application for enforcement to complete the designated acts. Inquiries refer to inquiries made by the people's courts to banks and credit cooperatives.

and other units to investigate or review the activities related to the respondent's deposits.

Freezing refers to the people's court carrying out litigation preservation.

or to take compulsory measures against the deposits of the person subject to enforcement in banks, credit cooperatives and other financial units that are not allowed to be withdrawn or transferred.

When the people's courts employ freezing measures, they must not freeze the special funds in the bank account of the person subject to the application for enforcement, which are for the purpose specified by the state.

However, if the person subject to the enforcement application uses these names to conceal funds to evade performance of obligations, the people's court may freeze them.

The maximum period for freezing the deposit of the person subject to enforcement is six months, and if it is necessary to continue to freeze, it shall go through the freezing procedures with the bank, credit cooperative, etc. before the expiration of the freeze, otherwise, if it is not handled within the time limit, it shall be deemed to be automatically unfrozen.

Allocation refers to the enforcement measures taken by the people's court, through banks or credit cooperatives, to transfer the deposits of the legal person or other organization that is the person subject to the application for enforcement into the account of the person applying for enforcement in accordance with the amount specified in the notice of the people's court assisting in enforcement. Transfers of deposits may be made on a frozen basis, or they may be transferred directly without freezing.

When the people's courts take measures to make inquiries, freezes, or transfers, they may directly submit them to bank offices, savings banks, and credit cooperatives, without the need to obtain the consent of the competent unit at the level above. People's courts in other places may directly go to the banks and credit cooperatives where the person subject to enforcement is domiciled or where the property subject to enforcement is located to make inquiries, freeze and transfer deposits, without the consent of the local people's court or transfer formalities. Local banks and credit cooperatives must assist in handling the matter, and must not refuse or prevaricate on any grounds such as deducting the current loan or loan interest.

Where assistance is refused, the people's court may follow the Civil Procedure Law

The hand of the envy provides for a fine, recommended to the supervisory authority.

or the relevant authorities may impose disciplinary sanctions.

Legal analysis: To apply to the court for compulsory enforcement, you can contact the relevant case-handling personnel to deal with it. Interest on the debt for the period of delay should be doubled. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid.

Legal basis: Article 253 of the Civil Procedure Law of the People's Republic of China.

Where the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, the interest on the debt for the period of delayed performance shall be doubled. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid.

Article 254:Where, after a people's court adopts the enforcement measures provided for in articles 242, 243, or 244 of this Law, the person subject to enforcement is still unable to repay the debt, it shall continue to perform its obligations. If the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time.

Article 255:Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's courts may employ or notify relevant units to assist in employing restrictions on leaving the country, recording and publishing information on non-performance of obligations in the credit reporting system, and other measures provided for by law.