If you apply for compulsory enforcement and the other party has no money, what to do next

What should I do if the court enforces that the other party has no money.

If you don't have money, you can also do it if you have other property.

According to the law, the people's court may make a judgment for compulsory enforcement in a debt dispute case, and in the course of enforcement, if there is no property available for enforcement, the enforcement may be suspended, and the enforcement shall be resumed after the suspension disappears.

Article 242 of the Civil Procedure Law: If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

Article 256:In any of the following circumstances, the people's courts shall rule to suspend enforcement:

1) The applicant indicates that enforcement can be extended;

2) Persons not involved in the case raise a credible objection to the subject matter of enforcement;

3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations;

4) The legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined;

5) Other circumstances where the people's court finds that enforcement should be suspended.

After the suspension disappears, the execution resumes.

Legal analysis: Compulsory enforcement refers to the act of the court in accordance with legal procedures and through specific compulsory measures to achieve the content determined by the legal document. If there is no money, the execution will be suspended, and the suspension will be resumed when the suspension disappears.

Judicial detention, also known as civil detention, is a compulsory measure taken by the people's court to restrict the personal liberty of a person who has seriously obstructed litigation activities for a short period of time in order to ensure the normal conduct of trial activities.

Legal basis: Article 256 of the Civil Procedure Law of the People's Republic of China The period for applying for the execution of surplus hunger is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.

The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; If the legal document does not stipulate the performance period, it shall be calculated from the date on which the legal document takes effect.

Legal analysis: When the court enforces the law, the person subject to enforcement has no money to enforce, and the people's court will rule to suspend the enforcement of the judgment. Wait for the person subject to enforcement to have the ability to execute, and then resume enforcement.

During this period, the court may enter the applicant for enforcement into the list of dishonest complaints, restrict his high consumption and take high-speed rail, etc.

Legal basis: Article 256 of the Civil Procedure Law: In any of the following circumstances, the people's court shall rule to suspend enforcement: (1) The applicant indicates that enforcement may be extended; 2) Persons not involved in the case raise a credible objection to the subject matter of enforcement; 3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations; Wu Chongming (4) The legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined; 5) Other circumstances where the people's court finds that enforcement should be suspended.

After the suspension disappears, the execution resumes.

Legal analysis: When the court enforces the enforcement, the court will rule to suspend the enforcement if the person subject to enforcement has no money to enforce. Wait for the person subject to enforcement to have the ability to enforce the judgment and then resume enforcement.

During this period, the court may enter the applicant for enforcement into the list of dishonesty, restrict his high consumption and take the high-speed rail, etc.

Legal basis: Article 256 of the Civil Procedure Law of the People's Republic of China Wu Chongming In any of the following circumstances, the people's court shall rule to suspend enforcement: (1) The applicant indicates that enforcement may be extended; 2) Persons not involved in the case raise a credible objection to the subject matter of enforcement; 3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations; 4) The legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined; 5) Other circumstances where the people's court finds that enforcement should be suspended.

After the suspension disappears, the execution resumes.

Legal analysis: If the other party really has no property to enforce, the enforcement can only be suspended. If the other party has property to be enforced, enforcement can be resumed.

After the court awards compensation or repayment, if the other party has not executed in accordance with the provisions of the judgment, then the winning party can apply for enforcement and recover its losses through enforcement.

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

Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court for the location of the property being enforced. Forward back to the side.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

Article 225:Where parties or interested parties feel that enforcement violates legal provisions, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it. Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.

Article 226:Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. The people's court at the level above may, upon review, order the original people's court to enforce within a certain period of time, and may also decide that the court will enforce or order other people's courts to enforce it.

Article 231:Where during enforcement, the person subject to enforcement provides a guarantee to the people's court, and with the consent of the person applying for enforcement, the people's court may decide on a suspension of enforcement and the period for which enforcement is to be suspended. If the person subject to enforcement still fails to perform within the time limit, the people's court has the right to enforce the property of the person subject to enforcement or the property of the Guarantor of Model.