On the issue of enforcement, lawyer friends, please come in

Your problem is not easy to solve. In recent years, the state has been vigorously rectifying the problem of difficulty in enforcement, and all cases that have been executed have been dealt with strictly.

Delay: (Has the other party applied for enforcement?) Generally, after applying for enforcement, the judge of the enforcement division will soon go to the house (according to the busy situation of the case at hand), and then talk to you about repaying the money, at this time you must have a good attitude, otherwise you will be detained.

Then explain that you have financial difficulties, and you hope to get the car back to make money to repay, and make a repayment plan. Usually they will agree.

Auction: Usually you can't get to this point, unless you owe too much money, you don't have the tools to make money after the auction, and you can't pay back the remaining money, you have to explain it to the judge.

Counterclaim; Execution is not affected.

Explain in detail the legal issues of enforcement.

You don't have a client and a lawyer, and now it's troublesome to correct. You could have pulled the insurance company into the lawsuit so that your car wouldn't be enforced.

If you are insured, the insurance company should pay you in full, and it is none of your business.

An enforcement settlement can be reached with a deferral for a period of time.

Don't all cars have compulsory traffic insurance? Directly find the insurance company to compensate for you

Legal analysis: If you apply for enforcement by a lawyer with discretionary powers, you do not need to go to the court. The need to hire a lawyer for compulsory enforcement depends on the wishes of the applicant or the person subject to enforcement, and in judicial practice, the hiring of a lawyer for compulsory enforcement has the following functions:

1. Help the parties to choose the enforcement court and apply for compulsory enforcement within the time limit prescribed by law, and in case of emergency, help the parties to apply for property preservation before the enforcement case is filed. 2. When it is found that the property of the person subject to enforcement has been seized by other courts, an application shall be submitted to the enforcement court to request that the case be transferred to another court for enforcement or to participate in the distribution. 3. When it is found that the enforcement court is not effective in enforcement, it shall apply to the court at the next higher level for compulsory enforcement.

4. Apply for addition or change of the person subject to enforcement.

Legal basis: Article 226 of the Civil Procedure Law of the People's Republic of China: Where the people's court has not enforced the letter for more than six months from the date of receipt of Zhaochang's application for enforcement of the Qikai Xing Document, 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.

Compulsory enforcement refers to the use of coercive force by the court in accordance with legal procedures to compel the civil obligor to complete its obligations in accordance with the provisions of the enforcement document, so as to ensure that the rights of the right holder can be realized. Enforcement documents for compulsory enforcement include legally effective civil judgments, rulings, and other legal documents that should be enforced by the court in accordance with law. Once they are determined, the obligor should perform automatically.

If it refuses to perform, the right holder may apply to the court for compulsory enforcement. The person who submits the application is called the applicant, and the person named to perform the obligation is called the respondent. Applicants are often successful plaintiffs; It may also be the defendant who wins the counterclaim.

The enforcement procedure is the final stage of the civil procedure, and the entire litigation procedure is concluded when the execution is completed.

1. What is the solution for the defendant's non-execution after the court's judgment.

If the defendant does not enforce the judgment after the court judgment, the plaintiff may apply for compulsory enforcement.

Compulsory enforcement means that the people's court uses the coercive power of the state in accordance with legal procedures to compel the civil obligor to complete the obligations it undertakes in accordance with the specific enforcement content of the legally effective document, so as to ensure that the rights of the right holder can be realized.

2. Is it illegal not to support the elderly?

The law stipulates that children have the obligation to support their parents, and it is illegal not to support their parents, and they can apply to the court for compulsory enforcement. 1. In accordance with legal procedures, the people's court shall use the coercive power of the state to compel the civil obligor to complete the obligations it undertakes in accordance with the specific enforcement content of the legally effective document, so as to ensure that the rights of the right holder can be realized. The legally effective instruments include, but are not limited to, the following:

Civil judgments, rulings on the realization of security interests, rulings on confirmation of mediation agreements, payment orders, etc. As soon as they enter into force, the obligor shall perform automatically. If the right holder refuses to perform, the right holder may apply to the people's court for compulsory enforcement.

2. The common methods and means of compulsory enforcement by the people's courts are as follows:

1. Inquiry, freezing, and transferring the deposit of the person who has been notified of the application for execution.

2. Withholding and withdrawing the income of the person subject to the application for enforcement.

3. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

4. Search the property concealed by the person subject to the application for enforcement.

5. Compelling the person subject to the application for enforcement to deliver the property or documents specified in the legal documents.

6. Compel the person subject to the application for enforcement to move out of the house or rent the house or withdraw from the land.

Enforcement is not subject to a lawyer depending on the wishes of the applicant

If you are a lawyer with discretionary authority to apply for enforcement, you do not need to go to the court.

In judicial practice, the use of a lawyer for the enforcement of compulsory lead hail has the following functions:

1. Help the parties choose the enforcement court and apply for compulsory enforcement within the time limit prescribed by law, and help the parties apply for property preservation before the enforcement case is filed in case of emergency;

2. When it is found that the property of the person subject to enforcement has been seized by other courts, an application shall be submitted to the enforcement court to request that the case be transferred to another court for enforcement or to participate in the distribution.

3. When it is found that the enforcement court is not effective, apply to the court at the next higher level for compulsory enforcement;

4. Apply for addition or change of the person subject to enforcement.

Enforcement means the following:

In accordance with legal procedures, the court uses the coercive power of the state to compel the civil obligor to complete the obligations it undertakes in accordance with the provisions of the enforcement document, so as to ensure that the rights of the right holder can be realized. Enforcement documents include legally effective civil judgments, rulings, and other legal documents that should be enforced by the court in accordance with law. Once they are determined, the obligor should perform automatically.

If it refuses to perform, the right holder may apply to the court for compulsory enforcement. The person who makes the application is called the applicant, and the person named to perform the obligation is called the respondent, also known as the person subject to enforcement. The applicant is the winning party, and the respondent Huai is the losing party.

The enforcement procedure is the final stage of the civil procedure.

Legal basisArticle 226 of the Civil Procedure Law of the People's Republic of China.

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 it within a certain period of time, and may also decide that the stowed property is to be enforced by that court or order another people's court to enforce it.