If I apply for compulsory enforcement, but I have not completed the execution of the membership paym

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 on which the case is filed; 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.

II. Methods of Enforcement The people's court may freeze, transfer deposits, or retain the property subject to enforcement in the course of enforcement; searching, sealing, seizing, auctioning, or selling property; Forced eviction from the house and other ways. However, when the people's court takes these measures, it shall retain the necessary living expenses of the person subject to enforcement and his or her dependents. III. Enforcement Supervision Where the parties and interested parties believe that the specific execution of the enforcement personnel is improper or in error, they have the right to report to the people's court where the enforcement personnel are located, and the people's court shall promptly handle it.

Parties and interested parties have the right to request enforcement personnel to perform their duties in accordance with 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 illegal acts of enforcement personnel in the enforcement of cases.

The question you mentioned is the economic situation of the person subject to execution, and if the payment is executed, you can apply again after a long time.

First of all, this is a very common problem, after all, it is very difficult to implement, but it does not mean that there is no way to do it. Let's take a closer look.

After winning the case, if the obligated party fails to perform its obligations within the performance period specified in the judgment document, the obligated party may apply to the court for compulsory enforcement. This procedure is relatively simple, you only need to write an application and add the judgment document, and you do not need to pay any fees.

Of course, this does not mean that there will not be any costs in the implementation process. There will be an enforcement fee, but unlike the litigation fee, which needs to be paid in advance, the enforcement fee is directly borne by the person subject to enforcement and deducted from the first execution rebate.

After entering the enforcement procedure, the court will first inquire about any property in the name of the person subject to enforcement ex officio, mainly including bank deposits, WeChat, money in Alipay, **, as well as real estate, vehicles, etc., if the property clues of the person subject to enforcement cannot be found, then the applicant for enforcement needs to provide it. If the applicant for enforcement cannot provide any clues about the property, and the court cannot find it, then the court will terminate the enforcement procedure.

According to the provisions of the relevant laws, in order to terminate the enforcement procedure, the enforcement period must exceed three months, and the normal enforcement period is within 6 months, which is the expiration of the enforcement period asked by the subject.

However, the final text does not mean that the case is over, and it does not mean that the person subject to enforcement does not need to take the money, and this debt cannot be yellow. From the court's point of view, the court will include the person subject to enforcement in the list of restrictions on high consumption before the final version, and the person subject to enforcement will be unable to move an inch before the debt is paid off, and cannot take the plane or high-speed rail, and cannot have high-consumption behaviors such as buying a house, buying a car, or taking a loan, and at the same time, the court will also inquire about the property of the person subject to enforcement every six months through the system of the People's Bank of China, and once it finds clues that can be used for enforcement, it can resume enforcement.

At the same time, the applicant for enforcement should not be idle, but also try to pay attention to the property situation of the person subject to enforcement, if it is found that the person subject to enforcement has used other people's names to buy a house, buy a car and other high-consumption behaviors, or has a new job, has a new income, it is necessary to tell the court in time, and the court will verify and deal with it.

Another point is to pay attention to the age of the person subject to enforcement, if he is over 60 years old, then there will be a pension, and the pension can be enforced, but just leave a part of the necessary living expenses for the person subject to enforcement.

Once it is discovered that the person subject to enforcement has transferred property or evaded enforcement, such as deliberately concealing property, transferring property without compensation or at a low price, etc., then it is necessary to inform the court in a timely manner, and at least the court can take the person subject to enforcement into judicial custody in accordance with the provisions of the Civil Procedure Law. And if the situation reaches the level of seriousness. It may constitute the crime of refusing to enforce a judgment or ruling, and criminal responsibility needs to be pursued.

There are two ways to follow the specific procedure: one is to report to the court and ask the court to transfer it to the public security organ, and the second is to report the case yourself or directly initiate a private criminal prosecution.

Where money is not given to enforce the judgment, criminal responsibility for refusing to enforce the judgment may be pursued in accordance with law. Cases in which the person subject to enforcement refuses to enforce the judgment shall be handled by the people's court's enforcement bureau or enforcement court. At this time, the court will generally take compulsory enforcement measures, and the specific enforcement personnel will promptly investigate the property status of the person subject to enforcement, freeze the other party's bank account, seize its property, and transfer funds in accordance with the law.

If the parties know the clues of the other party's property, they can also provide them to the enforcement judge.

If the person subject to enforcement still does not take the money, then directly complain to the court and let the court solve it.

At this time, you can continue to apply to the court for enforcement until you can get the money. Even if the other party can't come up with the money, the impact of enforcement on his children is huge.

Generally, there will be no situation where enforcement cannot be enforced, and if the person subject to enforcement has no property to enforce, he can wait until there is property before enforcement.

1. Why the court's judgment was not enforced.

If the court judgment cannot be enforced, if the person subject to enforcement has no property, the enforcement may be terminated, and then the enforcement will be resumed according to the circumstances; If the enforcement is ineffective, the right holder may apply for an enforcement objection and request the court to re-enforce the judgment. The court shall review the written objection within 15 days of receiving it before making a ruling.

2. What should I do if I don't pay back the money after enforcement.

1. After applying to the court for compulsory enforcement, the court may serve an enforcement notice on the person subject to enforcement, and if the person subject to the application for enforcement still fails to perform the court judgment within the time limit, the court may seal, seize, freeze, or dispose of the property of the person subject to enforcement in accordance with the law;

2. If the debtor has no property to be enforced, the court may restrict high consumption and include it in the list of judgment defaulters;

3. If the above-mentioned measures are implemented and the property is still unable to be enforced, the court can only suspend the enforcement, and the enforcement can be resumed at any time when the respondent has property to enforce.

3. What should I do if I don't pay the money after enforcement.

After applying to the court for compulsory enforcement, the court may serve an enforcement notice on the person subject to enforcement, and if the person subject to the application for enforcement still fails to perform the court judgment within the time limit, the court may check and seal, seize, freeze, or dispose of the property of the person subject to enforcement in accordance with law;

If there is no property available for enforcement, the court may also employ enforcement measures such as restricting high spending and joining the list of judgment defaulters, so as to prompt the person subject to enforcement to consciously perform the effective legal documents as soon as possible.

If enforcement is still not possible after the court has taken the above measures, the court may rule to suspend the enforcement, and the enforcement may be resumed at any time after the property of the person subject to enforcement or the person subject to enforcement is discovered later.

If the person subject to enforcement has property available for enforcement but refuses to perform, the court may take him into judicial custody or impose a fine until he is investigated for criminal liability for refusing to perform the judgment and ruling.

Article 5 of the Several Provisions of the Supreme People's Court on the Strict Enforcement of the Time Limit System for Case Trial Article 5: Enforcement cases shall be concluded within six months from the date on which the case is filed, and non-litigation enforcement cases shall be concluded within three months from the date on which the case is filed.

Legal analysis: Generally, there will be no situation where enforcement cannot be enforced, and if the person subject to enforcement has no property to enforce, he can wait until there is property before enforcement.

Legal basis: "Several Provisions of the Supreme People's Court on Strictly Implementing the Time Limit System for Trial and Handling of Cases" Article 5: Enforcement cases shall be concluded within 6 months from the date on which the case is filed, and non-litigation enforcement cases shall be concluded within 3 months from the date on which the case is filed, and where there are special circumstances that require an extension, an extension of 3 months may be given upon the approval of the president of that court, and where an extension is still necessary, it shall be reported up to the Gao Honghe level people's court for filing.

Legal analysis: Generally, there will be no situation where enforcement cannot be enforced, and if the person subject to enforcement has no property to enforce, he can wait until there is property to enforce it.

Legal basis: Several Provisions of the Supreme People's Court on Strictly Implementing the Time Limit System for Case Trials" Article 5: Enforcement cases shall be concluded within 6 months from the date on which the case is filed, and non-litigation enforcement cases shall be concluded within 3 months from the date on which the case is filed, and where there are special circumstances that need to be extended, it may be extended by 3 months with the approval of the president of that court, and where it is still necessary to extend, it is to be reported up to the High People's Court for filing.

1) Application. The parties must perform on legally effective civil judgments and rulings, as well as criminal judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement in accordance with the law, or the adjudicator may transfer it to the executor for enforcement (2) and the court will accept it.

3) Apply for reconsideration. If the parties or interested parties are dissatisfied with the ruling, they may apply for reconsideration to the people's Bihe court at the next higher level within 10 days from the date of service of the ruling. (4) Issue an enforcement notice to the person subject to enforcement.

When the executor receives an application for execution or a transfer of the execution document, he or she shall issue an enforcement notice to the person subject to enforcement, ordering him to perform within the specified period, and if he fails to perform within the time limit, he shall enforce it. (5) Take coercive measures. The enforcing court may take the following measures to enforce it:

inquiry, freezing, and transferring the deposit of the person subject to the application for enforcement; withholding and withdrawing the income of the person subject to the application for enforcement; sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement; Search the property concealed by the person subject to the application for enforcement; Measures such as compel the person subject to the application for enforcement to deliver the property or documents specified in the legal documents.

Article 501 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China The people's court may make a ruling to freeze the creditor's rights of the person subject to enforcement when enforcing the due creditor's rights of another person, and notify the other person that he has not performed to the person applying for enforcement.

If the time limit for you to apply for enforcement has expired, but the court still hasn't enforced it, you can do the following:

Know the specific cause: The first thing you need to know is the specific cause. It may be due to the busy internal work of the court, insufficient enforcement personnel, etc. It may also be due to the complexity of the case itself, insufficient evidence and other issues that make it difficult to enforce in a timely manner.

Apply to a higher court for supervision: If the lower court is unable to enforce in a timely manner, you can apply to the higher court for supervision. The higher court will supervise and investigate the execution of the lower court, and require it to speed up the progress of enforcement.

Apply for compulsory enforcement according to the regulations: If the problem still cannot be solved, it is necessary to apply for compulsory enforcement according to the regulations, and the court will enforce it. When applying for enforcement, it is necessary to provide relevant evidence, judgments and other materials, and pay the corresponding fees according to the requirements of the license.

Seek legal assistance: If you feel that you are unable to handle the matter on your own, you can seek legal assistance from your local justice department. The Legal Aid Center will send professional lawyers to provide you with free legal advice and ** services to help you solve your problems.

Legal analysis: If the parties fail to perform after the court judgment takes effect, they can apply for compulsory enforcement.

According to the provisions of the law, the parties must perform the legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

Legal basis: Civil Procedure Law of the People's Republic of China Article 236: Parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

In accordance with the provisions of the law. After applying for enforcement, it is necessary to wait for the judge's notice, collect evidence of the property of the person subject to enforcement in a timely manner, and notify the judge.

If the court does not carry out the relevant work within 6 months after you apply for enforcement, you can apply to the higher people's court for enforcement.

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. 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.