How to require the person subject to enforcement to report the property in the enforcement procedure

Updated on society 2024-03-29
5 answers
  1. Anonymous users2024-02-07

    Legal analysis: If the person subject to enforcement states that there is no property available for enforcement, then the people's court will investigate the property status of the person subject to enforcement, and the applicant can also provide clues about the property of the person subject to enforcement to the court.

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

    Article 241:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, they shall report the current and the property situation of the year prior to the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

    Article 244:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

  2. Anonymous users2024-02-06

    Summary. Kiss, <>

    We're happy to answer for you! <>

    The person subject to enforcement applies to the court for an order to report property: If the person subject to enforcement receives the order for a property declaration report, the law will send a property declaration form, and the person subject to enforcement shall declare his or her cash, **, immovable property, movable property, etc. according to the content of the declaration form.

    How the executor applies to the court for a property reporting order.

    Kiss, <>

    I'm glad to answer for you! <>

    The person subject to enforcement applies to the court to report to Lao Chan to accompany the order to attack the property: if the person subject to enforcement receives the order for the property declaration report, the law will send the property declaration form, and the person subject to enforcement shall declare the personal cash, **, immovable property, movable property, etc. according to the content of the declaration form.

    Kiss, <>

    The People's Court of the People's Court of the Property Declaration Form of the Person Subject to Enforcement: According to the instructions of your court, the ...... of the executionThe person subject to enforcement hereby declares the property to your court as follows: basic information of the person subject to enforcement, certificate number (ID card or organization representative code certificate, etc.) address (or residence) contact**Current property situation Cash, bank deposits, income and other immovable property (land use rights, housing knowledge, etc.).

    Dear relatives, the property report order does not need to be sent back to the court. A property reporting order is a notice issued by the court to the person subject to enforcement after one party applies for enforcement, and the person subject to enforcement only needs to truthfully report his financial situation to the court. Legal basis:

    Article 241 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, he shall report the current and the property situation of the year before the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

    Kiss, <>

    Are you an executor or an executor?

    Kiss, <><>

    The executor applies to the court for a property reporting order: The scope of the property reported in the Property Reporting Order includes: (1) the movable property that the person subject to enforcement should report:

    income, bank deposits, cash, hail prices**, means of transportation, machinery, products, raw materials, etc.; (2) The immovable property that the person subject to enforcement should report: land use rights, houses, etc.; (3) The property rights that the person subject to enforcement should report: creditor's rights, imitative equity, investment rights, intellectual property rights, etc.; (5) Other assets that the person subject to enforcement shall report.

  3. Anonymous users2024-02-05

    Summary. Hello, my answer to this question is as follows: The person subject to enforcement shall report the following property situation to the people in writing within the time limit specified in the property reporting order: (1) income, bank deposits, cash, wealth management products, valuable**; (2) Real estate such as land use rights and houses; (3) Movable assets such as means of transportation, machinery and equipment, products, raw materials, etc.; (4) Property rights such as creditor's rights, equity, investment interests, shares, trust beneficiary rights, and intellectual property rights; (5) Other property that should be reported.

    Where the property of the person subject to enforcement has been leased, a security interest has been established and other encumbrances, or there are circumstances such as joint ownership or ownership disputes, it shall be reported together; Where the movable property of the person subject to enforcement is in the possession of a third party, and the real estate, specific movable property, or other property rights of the person subject to enforcement are registered in the name of the third party, they shall also be reported together. Where the person subject to enforcement has real difficulties in submitting a written report within the time limit specified in the asset reporting order, they may apply in writing to the people for an extension of the time limit; Where there is a legitimate reason for the application, the people may appropriately extend it.

    Hello, the platform cooperation lawyer is at your service! Your question has been received, please wait!

    Hello, my answer to this question is as follows: The person subject to enforcement shall report the following property situation in writing to the people within the time limit specified in the property reporting order: (1) income, bank deposits, cash, wealth management products, valuable**; (2) Real estate such as land use rights and houses; (3) Movable assets such as means of transportation, machinery and equipment, products, raw materials, etc.; (4) Property rights such as creditor's rights, equity, investment interests, shares, trust beneficiary rights, and intellectual property rights; (5) Other property that should be reported. Where the property of the person subject to enforcement has been leased, a security interest has been established and other encumbrances, or there are circumstances such as joint ownership or ownership disputes, it shall be reported together; Where the movable property of the person subject to enforcement is in the possession of a third party, and the real estate, specific movable property, or other property rights of the person subject to enforcement are registered in the name of the third party, they shall also be reported together.

    Where the person subject to enforcement has real difficulties in submitting a written report within the time limit specified in the property reporting order, they may apply in writing to the people for an extension of the time limit; Where there is a legitimate reason for the application, the people may appropriately extend it.

    Where an individual citizen applies, he or she shall present a resident identity card, and if the applicant applies for it, a copy of the legal person's business license and the identity certificate of the legal representative shall be submitted.

    I'm glad to answer for you this time! If you are satisfied with my above targeted reply, you can give me a like, and click on my avatar to follow, so as to conduct targeted consultation.

  4. Anonymous users2024-02-04

    Summary. Legal analysis: The court enforcement officer shall be liable for failing to issue a property report order to the person subject to enforcement as required, and the court will require the person subject to enforcement to report the property situation at the same time as issuing an enforcement notice to the person subject to enforcement.

    If you do not report your property, or if you do not report your property truthfully, you will be blacklisted by the court for dishonesty, you will be fined or detained by the court, and your property will be sealed, frozen, or seized by the court.

    Should the court enforcement officer be held liable for failing to issue a property reporting order to the person subject to enforcement as required?

    Legal analysis: The court enforcement officer shall be liable for failing to issue a property report order to the person subject to enforcement as required, and the Xunxiao Court will require the person subject to enforcement to report the property situation at the same time as issuing an enforcement notice to the person subject to enforcement. If you do not report the property situation, or if you do not report the property situation truthfully, you will be put on the blacklist of dishonesty by the court, and you will be fined and detained by the court, and the property will be sealed, frozen, or seized by the court.

    Legal basis: Article 241 of the Civil Procedure Law of the People's Republic of China If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, he shall report on the current property situation and the property situation in the year prior to the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may, on the basis of the severity of the circumstances, fine, or detain the person subject to enforcement or the person who has been defeated, the legally-prescribed person, the principal responsible person of the relevant unit, or the directly responsible personnel.

    It was the executing judge who did not give the property order.

    Enforcement is to be temporarily suspended by the court, and enforcement may be resumed at any time after the person subject to enforcement has the ability to perform.

  5. Anonymous users2024-02-03

    The scope of property to be enforced is stipulated in the Civil Procedure Law and judicial interpretations. Article 31 of the "Judicial Settlement of Suspicions and Pure Interpretation" stipulates: "Where a people's court orders the person subject to enforcement to report the property situation in accordance with article 217 of the Civil Procedure Law, it shall issue an order to the person subject to enforcement to report the property.

    The order for reporting property shall specify the scope of the property to be reported, the period for which the property is to be reported, and the legal consequences of refusing to report or making a false report." The scope of property that the person subject to enforcement should report is very broad. Article 32 of the Enforcement Interpretation makes specific and clear provisions:

    In accordance with the provisions of article 217 of the Civil Procedure Law, the person subject to enforcement shall report in writing on the following assets: (1) income, bank deposits, cash, and valuables; (2) Land use rights, houses and other immovable property; (3) Movable assets such as means of transportation, machinery and equipment, products, and raw materials; (4) Property rights such as creditor's rights, equity, investment rights and interests, and intellectual property rights; (5) Other assets that shall be reported. So I'm going to ask you to extend this question to the next level:

    If the asset appraisal client or the user of the asset appraisal report complains or reports that the asset appraisal agency has issued a false asset appraisal report or a material omission of the asset appraisal report, it may first communicate with the asset appraisal agency. Article 49: In the statutory asset appraisal business, if the client or the assessee has the acts specified in Article 52 of the Asset Appraisal Law, the relevant parties to the asset appraisal may complain to the provincial finance department where the client or the assessee is located, and the legal person or other organization may report to the provincial finance department where the client or the assessee is located.

    If the administrative level of the client or the assessed unit does not match or there are other reasons beyond the authority of the provincial finance department, the provincial finance department may apply for hardship and be accepted by the Ministry of Finance. Complaints and reports to the financial department involving asset appraisal institutions engaged in the relevant asset appraisal business shall be accepted by the Ministry of Finance. Article 50:

    Complaints and reports shall be made in writing with real names, and the situation shall be truthfully reflected and relevant supporting materials shall be provided. Article 51: The financial sector receives complaints and reports, and shall make a written decision on whether to accept it within 15 working days.

    Complaints and reports belong to the responsibilities of the financial sector, the financial sector shall be accepted. where it is not accepted, the reasons shall be explained, and the real-name complainant or informant shall be promptly informed. The above is the content compiled by the lawyer for you, please read carefully.

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