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You apply to the court for enforcement in a timely manner and apply to the first instance.
Code of Civil Procedure.
Article 236: Methods for the commencement of enforcement.
The 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.
Article 239:Time limit for applying for enforcement.
The period for the execution of the application is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law. The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.
Article 240: Enforcement Notification and Compulsory Enforcement.
Upon receipt of an application for enforcement or transfer of an enforcement document, the enforcement officer shall issue an enforcement notice to the person subject to enforcement, and may immediately take compulsory enforcement measures.
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Apply to the court for enforcement.
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After the second-instance judgment takes effect, an application for compulsory enforcement may still be filed with the people's court. Before the second instance, an application for property preservation may also be made. The court of second instance shall conduct a review based on the relevant facts and applicable law of the parties' requests described above, and where the parties have not submitted a request, they are not to conduct a review; However, the first-instance judgment violates legal prohibitions or infringes upon the public interest or the interests of others.
Article 170 of the Civil Procedure Law, second-instance judgment.
The second-instance people's court shall, after trial, handle the appeal case in accordance with the following circumstances:
1) Where the facts ascertained in the original judgment or ruling are clear and the law is correctly applied, the appeal is to be rejected by means of a judgment or ruling, and the original judgment or ruling is upheld;
2) Where the original judgment or ruling was erroneously ascertained in fact or the law was applied incorrectly, the judgment or ruling is to be changed, revoked, or modified in accordance with law;
3) Where the basic facts found in the original judgment are unclear, rule to revoke the original judgment and remand to the original people's court for new trial, or change the judgment after clarifying the facts;
4) Where the original judgment omits parties or makes an unlawful default judgment or seriously violates legally-prescribed procedures, a ruling is made to revoke the original judgment and remand to the original trial, the Shen Xinmin Court. Where after the original trial court makes a judgment in a case remanded for new trial, and the parties raise an appeal, the second-instance trial court must not remand for new trial again.
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If the money is not repaid in the second instance, it may apply to the court for compulsory enforcement.
If the summons is served by mail, then you do not receive it, and the law also considers it to have been received, and if you do not go, the court will hear it in absentia.
Hello. It should be filed, but the court will mediate, and if it fails, it can only be sued separately! This is in order to protect the litigation rights and interests of the parties, China implements the second-instance final trial system, if the second-instance judgment is made, then there is no "second-instance trial", if it is raised in the first instance, those who are dissatisfied will be appealed, and the second-instance trial will not be able to appeal, that is, the final trial!
There is a possibility of a retrial, that is, both the first instance and the second instance have been found to be wrong.
First of all, your question is vague and does not explain whether the nature of the case is civil or criminal, administrative, or special. Therefore, for the time being, I will answer you according to the civil case, if it is a case of other nature, please add an explanation. >>>More
First of all, the collection ** is answered normally, and when answering **, clearly inform the collector that the call is recorded, show the other party that he has the willingness to repay, explain the reason why he is in debt and unable to repay, not the malicious overdue as they say, and there is no malicious evasion, they can collect, but not too often, too much, because they have to live and work normally, and then tell the other party in which time period they sometimes listen indirectly, and ask the other party to call during this time. >>>More