What should I do if one party who divides the property does not pay after divorce?

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

    In civil litigation, the time limit for an individual to apply for enforcement is one year, after which it cannot be enforced. Please hurry up and apply. Whether or not you can not be present depends on how the local rules and regulations of each locality stipulate, and the situation varies from place to place.

    The landlord can go to the court to apply and ask the people in the court to know.

    Article 219 of the Civil Procedure Law of the People's Republic of China stipulates: "The time limit for applying for enforcement shall be one year if both parties or one of the parties are citizens, and six months if both parties are legal persons or other organizations." Paragraph 2 of the law also stipulates that the time limit for applying for enforcement "shall be calculated from the last day of the performance period specified in the legal document", which is very clear.

    In trial practice, enforcement should and must be followed, and there is no room for error. If the right holder fails to apply for enforcement within the statutory time limit, it loses the right to request the court to enforce and protect its legitimate rights and interests. Even if the parties reach a new repayment agreement after the judgment or mediation takes effect, this does not give rise to a change in the statutory time limit for applying for enforcement.

    At that time, it will not be possible to apply to the court for enforcement.

  2. Anonymous users2024-02-06

    If it is a divorce in June this year, the time to apply for enforcement is 2 years, and if you cannot apply for enforcement in person, you can entrust another person to apply for enforcement in writing.

    Reference: Code of Civil Procedure.

    Article 215: The period for applying for enforcement 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.

  3. Anonymous users2024-02-05

    If she is in trouble, be considerate.

    After all, husband and wife are always the same.

    If she maliciously refuses to give, then sue her, and they are all divorced anyway.

    You also have to think about your children.

  4. Anonymous users2024-02-04

    We are divorced in June, is there a time limit for me to apply for enforcement?

    Enforcement can be applied within two years after the expiration of the performance period. The application for enforcement may be entrusted to another person.

  5. Anonymous users2024-02-03

    Let's find a lawyer!! It's better to find an expert for professional problems!

  6. Anonymous users2024-02-02

    Go to court to apply for enforcement.

  7. Anonymous users2024-02-01

    Legal analysis: After winning the lawsuit, if one party fails to perform the court judgment within the performance period of the registry, the other party can apply to the court for enforcement. If one party has the ability to refuse to enforce the judgment or ruling under the knowledge or circumstances, it is suspected of the crime of refusing to enforce the judgment or ruling.

    Legal basis: "Civil Procedure Law of the People's Republic of China" Article 252: Where the person subject to enforcement fails to perform in accordance with the enforcement notice for the acts specified in judgments, rulings, or other legal documents, the people's court may enforce the enforcement or entrust the relevant unit or other person to complete it, and the costs shall be borne by the person subject to enforcement.

  8. Anonymous users2024-01-31

    1. After winning the lawsuit, if one party fails to perform the court judgment within the performance period, the other party may 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 debtor's name in accordance with the law; 3. In addition, if he has no property in his name that can be used 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 be restricted from high consumption and entry and exit, and may even be subject to judicial detention; 4. If the man has the ability but refuses to execute, he is suspected of the crime of refusing to execute the judgment or ruling. Article 313 of the Criminal Law: Refusal to enforce a judgment or ruling of the People's Department of the People's Department of the People's Department of the People's Republic of China, where the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

    Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

  9. Anonymous users2024-01-30

    Legal analysis: 1. After winning the lawsuit, if one party fails to perform the court judgment within the performance period, the other party 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 debtor's name in accordance with the law;

    3. In addition, if he has no property in his name that can be used 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 be restricted from high consumption and entry and exit, and may even be subject to judicial detention;

    4. If the man has the ability but refuses to execute, he is suspected of the crime of refusing to execute the 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 capable of being enforced but refuses 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; where the circumstances are especially serious, the sentence is to be three years imprisonment of not more than seven years and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

  10. Anonymous users2024-01-29

    Legal analysis: If the divorce method of the husband and wife is divorce by agreement, and the other party does not pay the amount of the division of joint property, they can file a lawsuit with the relevant court. If the divorce between the husband and wife is divorced by litigation, and the other party does not pay the amount of the division of the joint property, they can apply to the court to enforce the auspicious erection.

    According to the relevant provisions of Chinese law, the refusal to execute the judgment is suspected of a crime and may be subject to criminal liability. Be noisy.

    Legal basis: "Criminal Law of the People's Republic of China" Article 313:Where a people's court's judgment or ruling is capable of being enforced but refuses 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;

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