What should I do if the other party does not perform after the judgment takes effect?

Updated on society 2024-04-02
9 answers
  1. Anonymous users2024-02-07

    This is simple, apply directly to the court for enforcement, but it is best to have information about the other party's property, so that the court will have a better effect of enforcement.

  2. Anonymous users2024-02-06

    If the other party fails to perform on a civil judgment that has already taken effect, it may apply to the people's court for enforcement at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

  3. Anonymous users2024-02-05

    Petition the people's court for compulsory enforcement

  4. Anonymous users2024-02-04

    If you apply to the court for compulsory enforcement, it is not the turn of the other party to fail to perform.

  5. Anonymous users2024-02-03

    Legal analysis: If the judgment is not enforced, the other party can apply to the court to compel the execution of the brother. According to the relevant laws and regulations, the person who knows the civil judgment or ruling that takes legal effect must perform it.

    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.

    Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China: 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 mediation document and other legal documents that shall be enforced by the people's court must be performed by the parties. If one party refuses to perform, the other party may apply to the people's court for enforcement.

  6. Anonymous users2024-02-02

    Legal analysis: 1. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for compulsory enforcement; 2. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law; 3. In addition, if he has no property in his name that can be extinguished for enforcement and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report, and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention; IV. Where there is the ability to refuse to enforce the judgment, it is suspected of the crime of refusing to enforce a judgment or ruling.

    Legal basis: "Criminal Law of the People's Republic of China" Article 313: Where a people's court's judgment or ruling is carried out but is capable of being enforced, but refusal to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given.

  7. Anonymous users2024-02-01

    Legal Opinion] If the other party fails to perform on a civil judgment that has been falsely altered and has taken effect, it may apply to the people's court for enforcement at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located. The people's courts have the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform their obligations in accordance with law. If there is indeed no way to enforce the judgment of the Department of Finance and Difference, the people's court will rule to suspend the enforcement and resume the enforcement when the other party has enforceable property.

  8. Anonymous users2024-01-31

    If the opposing party does not take the initiative to perform the effective judgment, the winning party may apply for enforcement, and the court will determine how to enforce it according to the statement of the effective legal document.

  9. Anonymous users2024-01-30

    1. After the court judgment takes effect, if the other party does not perform according to the judgment, it may apply to the court for compulsory enforcement.

    The court will compel the other party to return it.

    2. When applying for compulsory enforcement, it is necessary to submit the application for enforcement, a copy of the ID card, the judgment and relevant evidence materials related to the property to the court.

    The people's courts are to enforce judgments or rulings on alimony, child support, alimony, division of property, inheritance, visitation of children, and so forth, in refusal to enforce them in accordance with law.

    Relevant individuals and units shall be responsible for assisting in implementation.

    The usual methods and means of compulsory enforcement by the people's courts in China are as follows:

    1. Inquire, freeze and transfer the deposit of the person who is applied for execution.

    2. Withhold and withdraw the income of the person subject to the application for execution.

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

    4. Search the property hidden by the person subject to the application for execution.

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

    6. Forcing the person subject to enforcement to move out of the house or withdraw from the land.

    7. Enforce the acts specified in legal documents.

    8. Mandatory doubling of the payment of interest on the debt during the period of deferred performance and the payment of deferred performance penalty.

    9. Compulsory handling of the relevant property rights certificate transfer procedures.

    Article 1079 of the Civil Code [Divorce by Litigation] Where one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

    People's courts hearing divorce cases shall conduct mediation;

    If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation with another person;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

    Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

    According to the laws and regulations of the country, the relevant judgments issued by the court have the legal effect of Orange Xun.

    All persons must enforce the relevant judgment of the court, and if they refuse to enforce the relevant judgment of the court, the court has the power to enforce it.

    If there is any act of resistance in the process of enforcement, the relevant legal punishment will be imposed on the person who resists the law in accordance with the relevant law.

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