What documents are required to apply for enforcement

Updated on society 2024-05-11
6 answers
  1. Anonymous users2024-02-10

    1. Materials should be submitted for citizenship application.

    1. One copy of the application for execution (signed or stamped by the applicant).

    2. One copy of the effective legal document, and the original copy shall be provided for inspection.

    3. One copy of the ID card of the applicant for execution, and the original copy shall be provided for inspection.

    4. One original copy of the certificate of effectiveness of the legal document (only the first instance needs to contact the judge undertaking the case to issue it, and the mediation document is also required).

    5. If there is a statutory (designated) person, submit it separately:

    1) One copy of the ID card of the legal (designated) person, and provide the original for inspection.

    2) One copy of the supporting materials of the relationship with the applicant.

    6. If you entrust others to litigate, you must also submit a power of attorney with clear authorization and a copy of the trustee's ID card, and provide the original ID card for inspection.

    7. If a lawyer is entrusted to litigate, one copy of the power of attorney, one copy of the law firm's letter and one copy of the lawyer's certificate must be submitted.

    8. If the heir or the successor of the right applies for enforcement, one copy of the certificate of inheritance or inheritance of the right shall be submitted.

    2. Materials to be submitted for application by legal persons or other organizations.

    1. One copy of the application for execution (signed by the legal representative and stamped with the official seal of the unit).

    2. One copy of the effective legal document, and the original copy shall be provided for inspection.

    3. A copy of the business license of the applicant for execution, 1 copy of the copy of the ** certificate of the organization, if other organizations do not have a business license, they should submit a copy of the legal documents proving their valid establishment, and the above documents should be provided with the original for inspection.

    4. The original certificate of the legal representative or the main person in charge and one copy of the ID card.

    5. One original copy of the effective certificate of the legal document (only the first instance needs to contact the judge undertaking the case to issue it, and the mediation document is also required).

    6. If you entrust another person to apply, you must also submit a power of attorney with clear authorization and a copy of the trustee's ID card, and provide the original ID card for inspection.

    7. If a lawyer is entrusted to litigate, one copy of the power of attorney, one copy of the law firm's letter and one copy of the lawyer's certificate must be submitted.

    Note: 1. The above materials must be printed on A4 paper or written with a blue-black pen or carbon pen.

    2. The case for enforcement has not gone through the second instance, and only the first instance (including the mediation document) must be issued by the original undertaking judge to issue a certificate of the validity of the judgment.

  2. Anonymous users2024-02-09

    What materials do I need to submit to apply for compulsory enforcement by the court?

  3. Anonymous users2024-02-08

    The materials for applying for compulsory enforcement are as follows: 1. Application for enforcement; 2. Copies of effective legal documents; 3. The identity certificate of the person applying for execution; 4. If the heir or the successor of the right applies for enforcement, the supporting documents of the inheritance or inheritance of the right shall be submitted; 5. To apply for enforcement of an arbitral award of an arbitration institution, a contract or arbitration agreement with an arbitration clause shall be submitted to the people's court.

    Legal basis: Article 226 of the Civil Procedure Law: If the people's court fails to enforce the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the next higher level for enforcement.

    Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

    Article 240 of the Civil Procedure Law: When an enforcement officer receives an application for execution or a transfer of an execution document, he or she shall issue an enforcement notice to the person subject to enforcement, and may immediately take compulsory enforcement measures.

  4. Anonymous users2024-02-07

    What materials need to be submitted to the court to apply for enforcement:

    1. Apply for execution. The written application for enforcement shall clearly state the reasons, matters, and subject matter of the application for enforcement, as well as the property status of the person subject to enforcement as known to the person applying for enforcement.

    If the person applying for enforcement has real difficulties in writing a written application for enforcement, he may submit an application orally. The reception personnel of the people's court shall make a record of the oral application, and the person applying for enforcement shall sign or affix a seal.

    Where a foreign party applies for enforcement, it shall submit a written application for enforcement in Chinese. Where there are special provisions in judicial assistance treaties concluded or jointly participated in between the country where the parties are located and China, it is to be handled in accordance with the provisions of the treaty.

    2. Copies of effective legal documents;

    3. The identity certificate of the person applying for execution; If an individual citizen applies, he or she shall present his or her resident identity card; Where a legal person applies, a copy of the legal person's business license and the identity certificate of the legal representative shall be submitted; Where other organizations apply, a copy of the business license and proof of identity of the principal responsible person shall be submitted.

    4. If the heir or the successor of the right applies for enforcement, the certificate of inheritance or inheritance of the right shall be submitted.

    5. To apply for enforcement of an arbitral award of an arbitration institution, a contract or arbitration agreement with an arbitration clause shall be submitted to the people's court.

    Where an application is made for the enforcement of an arbitral award of a foreign arbitration institution, a Chinese version of the arbitral award certified by a Chinese embassy or consulate abroad or notarized by a notary public in China shall be submitted.

    6. The person applying for execution may entrust a person to apply for execution on his behalf. If the client is entrusted, a power of attorney signed or sealed by the client shall be submitted to the people's court, indicating the matters entrusted and the authority of the client.

    Where a person is entrusted to waive or modify civil rights on behalf of the client, or to carry out enforcement and settlement on behalf of the leader, or to collect enforcement funds on behalf of the head of the group, there shall be special authorization from the client.

    7. Other documents or certificates that should be submitted.

  5. Anonymous users2024-02-06

    The materials for applying for compulsory enforcement are the applicant's identity certificate or the company's business license and rough photo, and the identity certificate of the legal representative; Application for Enforcement; Judgments and rulings that have taken effect; and a list of clues about the respondent's property, etc.

    [Legal basis].Article 236 of the Civil Procedure Law of the People's Republic of China.

    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 242.

    If the person subject to enforcement fails to perform the obligations determined in the legal documents in accordance with the enforcement notice, the Xizhen People's Court has the right to inquire about the property 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 convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

  6. Anonymous users2024-02-05

    The enforcement process is as follows: application; Acceptance by the court; apply for reconsideration; Issuing an enforcement notice to the person subject to enforcement; Take coercive measures.

    Civil enforcement, also known as civil compulsory enforcement, refers to a litigation activity in which the enforcement organization of the people's court uses the coercive power of the state to compel a party with an obligation to perform its obligations when it refuses to perform its obligations, and realizes the content of effective legal documents from the lack of knowledge.

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