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In the course of compulsory enforcement, if the court cannot find the person subject to enforcement, the court may, on the basis of the applicant's application or ex officio, investigate the property (such as deposits, vehicles, houses, etc.) of the person subject to enforcement in accordance with the law, and if the investigation finds the property of the person subject to enforcement, it may enforce the law without the need to find the person subject to enforcement.
If the court does not find the property subject to enforcement after investigation and cannot find the person subject to enforcement, the court will terminate the enforcement procedure. Enforcement will be resumed when the person subject to enforcement or the property of the person subject to enforcement is discovered later. There is no limit to the execution time.
Interpretation of the Supreme Court on the Civil Procedure Law
Article 519:Where no property available for enforcement is found after a property investigation, a ruling may be made to terminate the enforcement procedure after the person applying for enforcement signs and confirms it, or the enforcing court forms a collegial panel to review and verify it, and upon approval by the court president.
After enforcement is terminated in accordance with the provisions of the preceding paragraph, if the person applying for enforcement discovers that the person subject to enforcement has property that can be used for enforcement, he may apply for enforcement again. Re-application is not subject to the limitation period for the application for enforcement.
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The main thing is to execute his property, and it is enough to notify him personally.
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The main thing is to enforce the property of the person subject to enforcement, not the person subject to enforcement, no matter where he is, whether he is in the city or county or not, just notify him of the person subject to enforcement.
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You can entrust the local court to enforce it on your behalf.
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Legal analysis: According to the relevant laws and regulations, if the person subject to enforcement is in a foreign place or the property of enforcement is in a foreign country, the enforcing court may entrust the foreign court to enforce the law on its behalf. Where the person subject to enforcement is restricted from leaving the country, the person applying for enforcement shall submit a written application to the enforcement court; When necessary, the enforcing court may decide ex officio.
Where the person subject to enforcement is a unit, its legally-designated representative, principle responsible person, or directly responsible personnel who influence the performance of the debt may be restricted from leaving the country. If the person subject to enforcement is a person with no capacity for civil conduct or a person with limited capacity for civil conduct, he may be restricted from leaving the country as a legally-prescribed person. Where, during the period of exit restriction, the person subject to enforcement performs all the debts determined in the legal documents, the enforcing court shall promptly lift the exit restriction measures; Where the person subject to enforcement provides a sufficient and effective guarantee or applies for the consent of the person subject to enforcement, the exit restriction may be lifted.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 229: Where the person subject to enforcement or the property subject to enforcement is in a foreign place, the local people's court may be entrusted to enforce it on his behalf. After receiving the letter of entrustment, the entrusted people's court must begin to enforce the judgment within 15 days, and must not refuse.
After enforcement is completed, the people's court shall be entrusted with a timely reply to the outcome of the enforcement; If the enforcement is not completed within 30 days, the people's court shall also be notified of the execution in a letter. Where the entrusted people's court does not enforce within 15 days of receiving the letter of entrustment, the entrusting people's court may request that the people's court at the level above the entrusted people's court order the entrusted people's court to enforce it.
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If the person subject to enforcement is in a foreign country, the applicant may apply to the court for enforcement, and then the court will entrust the foreign court to enforce the law on his behalf. Where the entrusted people's court does not enforce the letter of entrustment within 15 days of receiving the letter of entrustment, the entrusting people's court may request that the people's court at the level above the entrusted people's court order the entrusted people's court to enforce it. Article 236 of the Civil Procedure Law stipulates that the parties must perform on a legally effective civil judgment or ruling.
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 243 of the Civil Procedure Law: 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 have the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When the people withhold or withdraw income, they shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings business have a stool file.
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If the person subject to enforcement is in a different place, the local court can enforce it. After applying to the court for compulsory enforcement, if the person subject to enforcement cannot be found, the court may serve an enforcement notice on the person subject to enforcement, and if the person subject to enforcement is missing or cannot be found, the court may announce the service of the enforcement notice.
Article 249 of the Civil Procedure Law of the People's Republic of China: If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property situation of the person subject to enforcement, such as deposits, bonds, and shares. 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 sell property, it shall make a ruling, postpone the tour, and issue a notice of assistance in enforcement, which must be handled by the relevant units.
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In accordance with the legal procedures, the court used the coercive power of the state to compel the obligor of the civil affairs department to complete the obligations of the civil affairs department in accordance with the provisions of the enforcement document, so as to ensure that the rights of the right holder can be realized. If there is an objection, a lawsuit should be filed with the people's court at the next higher level before compulsory enforcement. If you do not mention it and refuse to enforce the judgment, it is a violation of the law.
If there is any objection to the conduct of one or more persons in the course of compulsory enforcement, they may file a complaint with the procuratorate at the same level or the court at a higher level.
Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters".
Article 1. In any of the following circumstances, the people's court shall enter them into the list of judgment defaulters and give them credit punishments in accordance with law:
1) Refusal to perform obligations set forth in effective legal documents despite having the ability to perform;
2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;
3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets;
4) Violating the property reporting system;
5) Violating an order restricting spending;
6) Refusal to perform on the enforcement of a settlement agreement without a legitimate reason.
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The court may take various enforcement measures, such as sealing, seizure, freezing, auction, etc.; Measures such as fines and judicial detention may be employed against persons subject to enforcement who have the ability to enforce and refuse to enforce, and where a crime is constituted, criminal responsibility may be pursued. At the same time, it cannot be relieved of the obligation to continue its implementation. Legal basis: Article 111 of the Civil Procedure Law: Where a litigation participant or other person commits any of the following acts, the people's court may impose a fine or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law
3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; (5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties; (6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. The people's courts may fine or detain the principal responsible person or directly responsible personnel of a unit that commits any of the acts provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law
According to the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters, the so-called "judgment defaulters" refer to judgment debtors who "have the ability to perform but do not perform the obligations set forth in effective legal documents". Article 6 of the judicial interpretation stipulates that "credit punishments" shall be imposed on "judgment defaulters" in areas such as procurement, bidding and bidding, and administrative examination and approval. >>>More
Legal analysis: If the person subject to enforcement states that there is no property available for enforcement, then the people's court will investigate the property status of the person subject to enforcement, and the applicant can also provide clues about the property of the person subject to enforcement to the court. >>>More
List of Judgment Defaulters: refers to the provisions of Article 1 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" (adopted at the 1582nd meeting of the Adjudication Committee of the Supreme People's Court on July 1, 2013)."The person subject to enforcement has the ability to perform but does not perform the obligations set forth in the effective legal documents"In any of the following circumstances, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law. >>>More
It doesn't have much impact on the children. The debtor's children are not liable for the repayment of the debt. Our law does not provide for the repayment of father's debts to children. >>>More
Even if, after the court revokes the list of dishonest persons. It will also leave a bad record in the bank. Personal records are deleted in 5 years.