If you apply for enforcement, you can go to the defendant s house to ask for money

Updated on society 2024-04-30
8 answers
  1. Anonymous users2024-02-08

    If you apply for enforcement, you can go to the defendant's house and ask for money. You can go to the defendant's house to ask for payment, or negotiate payment, but you can only deal with it after the court conducts a property investigation and seals and freezes the property.

    Legal analysis

    Compulsory enforcement means that in order to ensure that the court's judgments, rulings and other contents can be realized, the people's courts' enforcement organization is in accordance with ChinaLaws and Regulations

    The act of taking coercive measures to compel the obligated party to perform its obligations. If the defendant does not appeal after the court issues a judgment on the case, but at the same time does not perform the judgment obligation or his whereabouts are unknown, the plaintiff may submit an application for compulsory enforcement to the court. If the court department determines that the conditions for compulsory enforcement are met through review, it will accept the application for compulsory enforcement and file the case for handling.

    After the court enforcement organization receives the court's written transfer for enforcement, it notifies the defendant and orders him to perform the judgment obligation within a specified time limit. Where the defendant fails to perform its obligations after the expiration of the enforcement period, or evades enforcement by transferring property after receiving the enforcement notice, the enforcement officer may immediately enforce it. Enforcement is mainly based on the following measures:

    1) Forcibly freezing or transferring the defendant's deposits. (2) forcibly withholding the defendant's wages and other income. (3) Forcibly selling, sealing, or seizing the defendant's property.

    4) The defendant may be forcibly inquired into and searched to confirm whether there is any hidden property. For defendants who have no property to enforce, the court may impose high spending restrictions on them and add them to the list of judgment defaulters, so as to force them to perform their obligations as soon as possible. If enforcement is still not possible after various measures, the court may rule to suspend the enforcement of the case and resume enforcement at any time after the defendant has regained and earned the property.

    Legal basis

    Civil Procedure Law of the People's Republic of China

    Article 228:Enforcement work is to be carried out by executives. When compulsory enforcement measures are taken, the enforcement officer shall present his or her certificate. After enforcement is completed, a record shall be made of the execution and signed or sealed by the relevant persons present. The people's courts may establish enforcement bodies as needed.

    Article 242: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 inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. 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.

    When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

  2. Anonymous users2024-02-07

    Although you have applied to the court for enforcement, you cannot force the other party to pay money on this basis, you can go to the defendant's house to ask for payment, or negotiate payment, but you cannot take it directly, you can only deal with it after the court conducts a property investigation and seals and freezes the property.

  3. Anonymous users2024-02-06

    Hello, yes. But the key is to see whether the other party has the ability to repay.

  4. Anonymous users2024-02-05

    As long as the court can be enforceable.

  5. Anonymous users2024-02-04

    Legal analysis: If you want money, you need to pay an "application fee", and Lishu should be borne by the party subject to enforcement.

    Legal basis: Article 10 of the Measures for Payment of Litigation Fees shall pay an "application fee" for compulsory enforcement, and the "application fee" shall be paid as follows according to Article 14: if there is no enforcement amount or price, 50 yuan to 500 yuan shall be paid for each case.

    If the execution amount or price does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; The part exceeding 10,000 yuan to 500,000 yuan shall be paid according to the payment; The part exceeding 500,000 yuan to 5 million yuan shall be paid at 1%; The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; The part exceeding 10 million yuan shall be paid according to the payment.

  6. Anonymous users2024-02-03

    The plaintiff does not need to pay a fee to apply for compulsory enforcement, and the enforcement fee needs to be paid by the person subject to enforcement after enforcement.

    Article 20 of the Measures for Payment of Litigation Fees: The case acceptance fee shall be paid in advance by the plaintiff, a third party with an independent right of claim, and the appellant. Where the defendant raises a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, the defendant is to pay it in advance. Cases of recourse to labor remuneration may not be required to pay the case acceptance fee in advance.

    The application fee is to be paid in advance by the applicant. However, the application fee specified in Article 10 (1) and (6) of these Measures shall not be paid in advance by the applicant, and shall be paid after the execution of the application fee, and shall be paid after the bankruptcy application fee shall be liquidated.

    The fees specified in Article 11 of these measures shall be paid after the actual occurrence.

    Article 14 The application fee shall be paid according to the following standards:

    1) Where an application is made to the people's court for the enforcement of a legally effective judgment, ruling or mediation document of a people's court, an award or mediation document made by an arbitration institution in accordance with law, a creditor's rights document that has been given compulsory enforcement effect by a notary public in accordance with law, an application for recognition and enforcement of a judgment of a foreign court, an award made by a foreign arbitration institution, or a judgment by a foreign arbitration institution, it shall be paid in accordance with the following standards:

    1.If there is no execution amount or price, 50 yuan to 500 yuan shall be paid for each piece.

    2.If the execution amount or price does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; The part exceeding 10,000 yuan to 500,000 yuan shall be paid according to the payment; The part exceeding 500,000 yuan to 5 million yuan shall be paid at 1%; The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; The part exceeding 10 million yuan shall be paid according to the payment.

  7. Anonymous users2024-02-02

    The plaintiff is required to pay an application fee to apply for enforcement.

    The application fee for applying for enforcement shall be paid according to the following standards:

    1. If there is no execution amount or price, 50 yuan to 500 yuan shall be paid for each piece.

    2. If the amount or price of the uproar does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; The part exceeding 10,000 yuan to 500,000 yuan shall be paid according to the payment; The part exceeding 500,000 yuan to 5 million yuan shall be paid at 1%; The part exceeding 5 million yuan to 10 million yuan shall be paid according to the bridge line; More than 10 million yuan of part of the imitation slag, according to the payment.

    Compulsory enforcement refers to the court's use of coercive force 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 obligee 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.

    Legal basis: Article 10 of the Measures for Payment of Litigation Fees, a party shall pay an application fee when applying to the people's court for the following matters in accordance with the law:

    1) Applying for enforcement of legally effective judgments, rulings and mediation documents of the people's courts, rulings and mediation documents made by arbitration institutions in accordance with law, and creditor's rights documents that have been given compulsory enforcement effect by notary institutions in accordance with law;

    2) applying for preservation measures;

    3) apply for a payment order;

    4) Application for publicity and reminder;

    5) apply for revocation of the arbitral award or determination of the validity of the arbitration agreement;

    6) Filing for bankruptcy;

    7) Application for maritime injunctions, general average adjustments, establishment of limits on liability for maritime claims**, registration of maritime claims, and reminders of ship priority;

    8) Application for recognition and enforcement of foreign court judgments and rulings and awards of foreign arbitration institutions.

    In summary, the plaintiff needs to pay an application fee to apply for compulsory enforcement, and the application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court, and the specific amount to be paid depends on the circumstances of the case.

  8. Anonymous users2024-02-01

    The plaintiff needs to pay a fee to apply for enforcement, and needs to pay an "application fee", but it should be borne by the party subject to enforcement. The following fees are required to apply to the court for enforcement:

    1. There is no need to pay the application for enforcement fee in advance, but the people's court shall deduct the enforcement fee that the people's court shall collect in accordance with the law after the first batch of enforcement funds in place. The standard for the number of imitation cars to be paid: if the execution amount or price is less than 10,000 yuan, 50 yuan shall be paid for each piece; 10,000 yuan to 500,000 yuan, according to the execution amount or 5/1000 of the price; If it is more than 500,000 yuan, it shall be paid at the rate of one-thousandth of the execution amount or price, plus 2,000 yuan;

    2. During the enforcement process, the people's court collects the actual expenses incurred in the course of enforcement, such as transportation, accommodation, and other expenses.

    Legal basisArticle 10 of the Measures for Payment of Litigation Fees: Where a party applies to the people's court for the following matters in accordance with law, it shall pay the application fee: (1) an application for enforcement of a legally effective judgment, ruling or mediation document of a people's court, a ruling and mediation document made by an arbitration institution in accordance with law, and a creditor's rights document that is legally enforceable by a notary public; 2) applying for preservation measures; 3) apply for a payment order; 4) Application for publicity and reminder; (5) applying for revocation of the arbitral award or determination of the validity of the arbitration agreement; 6) Filing for bankruptcy; (7) Closing the head to apply for maritime injunctions, general average adjustments, establishing limits on maritime liability**, registration of maritime claims, and reminders of ship priority; 8) Application for recognition and enforcement of foreign court judgments and rulings and awards of foreign arbitration institutions.

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