Kneel down and ask the master to answer the civil enforcement questions

Hello; The questions addressed to you are as follows:

1. First of all, you need to determine whether the ruling says "termination of enforcement" or "suspension of enforcement", the meaning of the two is different, and the circumstances applicable are also very different. "Terminate execution" is "terminate execution". According to article 235 of the Civil Procedure Law, in any of the following circumstances, the people's court shall rule to terminate enforcement:

1) The applicant withdraws the application;

2) The legal documents on which enforcement is based have been revoked;

3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation;

4) The person entitled to the right to recover alimony, alimony, or child support is deceased;

5) The citizen who is the person subject to enforcement is unable to repay the loan due to living difficulties, has no income, and loses the ability to work;

6) Other circumstances where the people's court finds that enforcement should be terminated.

2. You can apply for enforcement, but you must exercise it within the statutory period. According to Article 219 of the Civil Procedure Law, the time limit for applying for enforcement is one year if both parties or one of the parties are citizens, and six months if both parties are legal persons or other organizations.

The time period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal documents; Where legal documents provide for performance in installments, it is calculated from the last day of each performance period provided.

3. To find the property of the person subject to enforcement, generally speaking, you should first go to the public security, vehicle management, land and resources management, real estate management, banking and other financial departments, industrial and commercial administration, construction management, highway traffic management, agricultural machinery management, labor export, insurance, welfare lottery and other departments to inquire and confirm the identity of the person subject to enforcement, motor vehicles, land ownership, mining, housing, mortgage registration, company registration, project contracting, project bidding and bidding, construction permits, vehicle operation, agricultural machinery and equipment, labor income, insurance, bonds, ** and other related circumstances; and take corresponding measures such as freezing, allocation, and restriction.

Beijing Borong Law Firm.

There is a big problem with your case, and it is best to consult with the relevant lawyer!

I'm in Beijing and I receive legal assistance in enforcement!

Answers to the Question of Enforcement in Civil Disputes: 1. Time limit for enforcement 1. Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date of filing the case; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed. However, the period during which enforcement is suspended shall be deducted.

2. Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of the court for approval. Where an application for an extension of the enforcement period is made, it shall be submitted within 5 days before the completion of the period. 3. If the enforcement is not carried out within six months, the person applying for enforcement may apply to the people's court at the next higher level for enforcement.

Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it. 2. Methods of Enforcement: For the property subject to enforcement, the people's court may freeze, transfer deposits, or retain them during enforcement; searching, sealing, seizing, auctioning, or selling property; Forced eviction from the house and other ways. However, when the people's court adopts these measures, it shall retain the necessary living expenses of the person subject to enforcement and the family members they depend on.

3. The parties to the enforcement supervision and the interested parties believe that the specific execution of the enforcement personnel is improper or in error, they have the right to report it to the people's court where the enforcement personnel are located, and the people's court shall handle it in a timely manner. The parties and interested parties have the right to require the enforcement personnel to perform their duties in accordance with the law, and have the right to report or make accusations to the discipline inspection department or other relevant departments of the people's court for the enforcement of the law in violation of the law in the enforcement of the case.

What legal questions do you have to ask?

My personal dispute has been executed for 9,000 yuan, why can I still find out the information of the person subject to enforcement? Can't it be eliminated?

I've been applying for the enforcement case in the Ninghe County Court for almost three years and there has been no result, what should I do?

Summary. Article 305 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China:

In addition to complying with the provisions of Article 119 of the Civil Procedure Law, a lawsuit filed by an outsider to raise an enforcement objection shall also meet the following conditions:

1) The application for an objection to enforcement by a person not involved in the case has been rejected by the people's court;

2) There is a litigation claim that clearly excludes enforcement of the subject matter of enforcement, and the litigation claim has nothing to do with the original judgment or ruling;

3) Raise it within 15 days from the date on which the enforcement objection ruling is served.

How to express the main text of the judgment that the outsider does not enjoy the civil rights and interests that preclude enforcement on the subject matter of enforcement?

Hello, I am a cooperative lawyer who consulted, I have received your question, and the current consultation person is more than Haha Please wait for 2 minutes, I am helping you solve the problem.

Litigation of objection to enforcement by an outsider: In the course of enforcement, after the outsider submits a written objection to the subject matter of enforcement, and is dissatisfied with the court's ruling to refute the objection of the excavation, he may file an enforcement objection lawsuit. The purpose of an action against enforcement by an outsider is to preclude the court's enforcement of a specific subject matter of enforcement.

A person not involved in the case shall bear the burden of proof that it has rights over the subject matter of enforcement sufficient to preclude compulsory enforcement.

Article 300 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China: In addition to complying with the provisions of Article 119 of the Civil Procedure Law, the following conditions shall be met for the remainder of the lease book: (1) the application for enforcement objection by the outsider has been rejected by the people's court; (2) There is a litigation claim that clearly excludes the enforcement of the subject matter of the imitation enforcement, and the litigation claim has nothing to do with the original judgment or ruling; 3) Raise it within 15 days from the date on which the enforcement objection ruling is served.

Article 312 of the Supreme People's Court's Interpretation of the Civil Procedure Law of the People's Republic of China: The people's court shall, after trial, handle a lawsuit against enforcement raised by an outsider in accordance with the following circumstances: (1) If the outsider enjoys civil rights and interests sufficient to preclude enforcement, the judgment shall not enforce the subject matter of enforcement; (2) Where persons not involved in the case do not enjoy civil rights and interests sufficient to preclude compulsory enforcement with respect to the subject matter of enforcement, a judgment is made to reject the litigation claim.

Where persons not involved in the case simultaneously submit a litigation request for confirmation of their rights, the people's court may make a judgment in conjunction with the judgment.

If the relatives do not enjoy the rights, the application of the outsider does not meet the above conditions, and the judgment will generally be written in accordance with the law.

Carry forward the silver hail of social justice, highlight the value of legal Zen, and maintain personal dignity, I am very happy to serve you, and if you have any questions, please come to the platform for consultation I wish you all the best! Have fun! He Bo accompanyed.

Summary. There are three situations in which a creditor refuses to perform a debt against the debtor: (1) the creditor refuses to accept the debt without justifiable reasons.

In this regard, Article 101 of the Contract Law clearly stipulates that the debtor may deposit the subject matter. If it is not suitable for deposit or the deposit fee is too high, the debtor may auction or sell the subject matter in accordance with the law, and the price obtained from the deposit may be obtained. In addition, according to Article 103 of the Contract Law, the risk of damage or loss of the subject matter shall be borne by the creditor after the deposit is made.

Deposit and withdrawal costs are borne by the creditor.

When the debtor performs the judgment obligation, if the creditor obstructs the performance, it will be reported to the Executive Board for compulsory enforcement.

There are three situations in which a creditor refuses to perform a debt covering the debtor: (1) The creditor refuses to accept the debt without justifiable reasons. In this regard, Article 101 of the Contract Law clearly stipulates that the debtor may deposit the subject matter.

If it is not suitable for deposit or the deposit fee is too high, the debtor may auction or sell the subject matter in accordance with the law, and the price obtained from the deposit may be obtained. In addition, according to Article 103 of the Contract Law, the risk of damage or loss of the subject matter after the deposit shall be borne by the creditor. Deposit and withdrawal costs are borne by the creditor.

The creditor may refuse the debtor's early performance of the debt, unless the early performance does not harm the interests of the debtor. The debtor shall bear the additional costs incurred by the creditor for the debtor's partial performance of the debt. Therefore, under the condition that the early performance does not harm the interests of the creditor, the creditor has no right to refuse to perform in advance, and the creditor must bear the corresponding liability for refusing to accept the creditor.

Article 203: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. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it. Article 206:Where the person subject to enforcement or the property subject to enforcement is in a foreign area, the local people's court may be cautiously entrusted to enforce on their behalf.

After receiving the letter of entrustment, the entrusted people's court must begin enforcement within 15 days and must not refuse. After enforcement is completed, the people's court shall be entrusted with a timely reply to the outcome of the enforcement; If the enforcement is not completed within 30 days, the people's court shall also be notified of the execution in a letter. Where the entrusted people's court does not enforce within 15 days of receiving the letter of entrustment, the entrusting people's court may request that the people's court at the level above the entrusted people's court order the entrusted people's court to enforce it.

According to Article 240 of the Civil Procedure Law, the executor shall issue an enforcement notice to the person subject to enforcement upon receipt of the application for execution or the transfer of the execution document, and may immediately take enforcement measures.

Now the court says that there are 2 items to be enforced!

First, I must return 30,000 yuan to the other party (the other party asks the court to enforce it) Second, the other party returns my items (I ask the court to enforce it) The court now says that it must be executed one by one, and if you want to execute mine first, you want me to return 30,000 yuan, and the execution fee will be borne by me! (I went to see the other party's belongings, but they were not mine at all, and the other party also accidentally revealed that he had sold my belongings during the first trial, which was also recorded in the first trial record at that time).

The first thing I asked was whether I should give 30,000 yuan, whether I should pay the execution fee, and if I gave the money to the other party, the other party did not return my belongings or took other items as my belongings to return me, what should I do!

1. There are two types of late fees you are talking about:

1) In the event of a delay in the performance of the monetary payment obligation, the interest on the debt during the period of delay shall be doubled, that is, it shall be calculated at twice the maximum interest rate of the bank loan for the same period.

2) If there is a delay in the payment of other obligations other than monetary payment (such as vacating the house, going through the registration procedures for the transfer of ownership of the house, etc.), regardless of whether there is actual loss, the delay in performance shall be paid. if losses have already been caused, double the compensation for the losses already suffered by the applicant for enforcement; Where no losses have been caused, the penalty for delay in performance may be determined by the people's court on the basis of the specific circumstances of the case.

2. Selling real estate that has been sealed by the court without permission falls under the act of "concealing, transferring, selling, or destroying property that has been sealed or seized, or property that has been counted and ordered to be kept, or transferring property that has been frozen" as provided for in Article 102, Paragraph 1, Item (3) of the Civil Procedure Law, and the court may impose a fine or detention according to the severity of the circumstances, and may pursue criminal responsibility if a crime is constituted.

The amount of the fine imposed on an individual shall not exceed RMB 10,000. The amount of the fine imposed on the unit shall be between RMB 10,000 and RMB 300,000. The period of detention is not more than 15 days.

If the circumstances are serious, it may also violate Article 314 of the Criminal Law, constituting the crime of "illegally disposing of sealed, seized or frozen property".

3. There are two properties, one of which can be auctioned to pay off debts.

References: Articles 102 and 104 of the Civil Procedure Law; Article 1 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China; Article 314 of the Penal Code.

Isn't it still immoral to be in debt.

1 According to the loan contract, but the part that exceeds the legal permission is not supported.

2. The contract of sale is invalid.

3 Absolutely.

1. After the judgment, it is called the delay in performance, and the interest will be calculated at double times.

2. Court enforcement personnel abuse their power and can go to the procuratorate to report.

3. You can apply to the court to auction a place.

1. If the court does not have an algorithm for late payment fees, the effective judgment shall be calculated at twice the bank's interest for the same period.

2. You can't sell the property that the court seals.

3. Yes, it depends on whether your debt can be replaced, and whether both houses have been mortgaged, and if they have been mortgaged, there is no way.