Win the lawsuit and get no money 15

The lawyer may be talking about the execution of mediation.

If you are sure that the other party has a good ability to enforce, you can refuse to enforce the mediation and directly apply to the court to freeze the other party's account or vehicle and enforce the arrears.

The first thing you need to determine is whether you are appointing a lawyer to conduct litigation or whether it is full authority including enforcement proceedings**? In principle, a lawyer needs to be retained for each procedure.

Second, if the lawsuit is won and you do not appoint a lawyer to apply for enforcement on your behalf, then it is impossible for the lawyer to participate in the enforcement of the settlement. However, if you entrust a lawyer to apply for enforcement on your behalf, if the relevant enforcement money is full of power**, then the lawyer will have the right to receive it, so when you have doubts, you should go to the court to implement it at a convenient time.

Thirdly, if the lawyer is conscientious, then it is necessary to consider whether the other party has the ability to comply with the effective judgment. This will have a direct impact on the success of the execution.

Lawsuits are like this, so now lawyers are biased towards non-litigation business. But it shouldn't be the enforcement of mediation, I think this situation should be the enforcement of the settlement. The execution of the settlement is as follows:

1. After receiving the case, the executor does not rush to do it, but first organizes the members of the collegial panel to carefully study the case file, including the trial file, to fully understand the dispute situation of both parties and the situation of the person subject to enforcement.

2. Talk to both parties respectively to further understand the current situation of both parties, require the person subject to enforcement to report the property status to the court, and initially understand whether the person subject to enforcement has the ability to repay the loan and sincerity, and if not, whether the two parties have the intention to reconcile.

3. According to the relevant property clues and the court's coercive force, comprehensively and quickly search for the property of the person subject to enforcement, and carry out corresponding sealing, seizure, and freezing.

4. Don't be in a hurry to dispose of the property, because it takes a lot of time and cost to evaluate and auction the property, and the appraisal price and auction value are not ideal in the current economic environment, which often damages the interests of both parties. Judges treat the person subject to enforcement differently according to their status and adopt appropriate enforcement methods. For those who do not repay the money and deliberately passively enforce or even resist enforcement, they will immediately take compulsory measures and will not be soft; However, for those who are unable to perform their debts due to temporary capital turnover difficulties caused by the current economic situation, they should use enforcement measures cautiously to promote enforcement and reconciliation, so as to give the enterprise a chance to revitalize.

5. In the process of prompting the parties to settle on their own, attention should be paid to avoiding using the influence or coercive power of the court to suppress a party, providing opportunities for both parties to fully communicate, providing practical settlement suggestions, and clarifying the different consequences of several enforcement methods to the applicant for enforcement, so that he can fully understand the significance of settlement; The person subject to enforcement should be required to provide a guarantee as much as possible, or use the property in the possession of the court as a guarantee for the settlement, so as to prevent the person subject to enforcement from having a fluke mentality and play a role in urging and restraining him.

6. After the two parties reach a settlement agreement to be performed in installments and successfully perform the first installment, the court can close the case

Hello friends! First of all, you should go to the local area to understand the actual situation, and don't just listen to one side. Here are a few questions you should consider:

One is local protectionism in local courts, coping; Second, although the court enforced it, the company did not cooperate; (3) the enterprise and the lawyer involved approached or bribed the lawyer; Fourth, the lawyer got the money and misappropriated it for other purposes.

An application for enforcement does not require mediation.

Let's go back and see the specific situation, it's far away, and you can't solve any problems.

Legal Analysis: If the plaintiff wins the defendant and is unable to compensate, the loan can be repaid in installments with the defendant. If the defendant is unable to repay the loan, has no income**, and is incapacitated due to hardship, the court will terminate the execution.

That is, if the lawsuit is won, but the defendant is unable to pay compensation, the plaintiff will not be able to get compensation.

If they have the ability to make compensation but refuse to do so, they may file a lawsuit with the people's court.

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 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.

If the other party does not give money after winning the lawsuit, they may apply for compulsory enforcement, and if the judicial organ makes a ruling on the relevant case, both parties shall immediately enforce it, and where the refusal to enforce is a serious violation of the law, and criminal responsibility is also required if serious consequences are involved.

1. What should I do if the other party does not pay if the lawsuit is won

If the lawsuit is won, the other party does not give the money, and can apply for compulsory enforcement. In accordance with legal procedures, the people's courts use the coercive power of the state to compel the civil obligor to complete the obligations it undertakes in accordance with the specific enforcement content of the legally effective document, so as to ensure that the rights of the right holder can be realized. The legally effective instruments include, but are not limited to, the following:

Civil judgments, rulings on the realization of security interests, rulings on confirmation of mediation agreements, payment orders, etc. As soon as they enter into force, the obligor shall perform automatically. If the right holder refuses to perform, the right holder may apply to the people's court for compulsory enforcement.

The person who makes the application is called the applicant, and the person who is named to perform the obligation is called the person subject to enforcement.

2. Relevant legal basis

General provisions of Chapter 19 of the Civil Procedure Law of the People's Republic of China.

Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court for the location of the property being enforced.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

Article 226:Where the people's court has not enforced 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 level above 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 229:Where the person subject to enforcement or the property subject to enforcement is in a foreign area, the local people's court may be entrusted to enforce on their behalf. After receiving the letter of entrustment, the entrusted people's court must begin enforcement 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.

If there are objections to the relevant matters, they can appeal to the court, and the refusal to enforce the court's judgment is illegal, and it is possible to apply for compulsory enforcement in accordance with the above provisions.

If you can't get money for winning a lawsuit, there are five main ways to protect your rights, as follows:

1. Claim compensation from the defendant: If the defendant admits that he is responsible, he can claim compensation from the defendant and ask him to pay the compensation directly.

2. Sue the defendant: In the first instance of the case, the defendant can be sued, and the court will file the case, conduct a lawsuit, and finally judge the defendant to compensate for economic losses.

3. Initiating administrative reconsideration: sometimes property losses may be caused by improper administrative acts, and in response to this, administrative reconsideration can be filed to require the administrative organ to bear responsibility.

5. Avoid lawsuits: In many cases, being able to settle is also an excellent way to protect rights, and both parties can reach a settlement on the amount of compensation to avoid unnecessary lawsuits.

To sum up, if you can't get money for winning a lawsuit, you can choose from the above five methods to uphold justice, properly defend your rights, and protect your own rights and interests. <>

If the plaintiff wins the defendant and is unable to compensate, the loan can be repaid in installments with the defendant. If the defendant is unable to repay the loan due to difficulties in making a living, has no income**, and loses the ability to work, the court will terminate the execution.

It is possible to apply to the court for enforcement.

After accepting the enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law, and if there is no property available for enforcement in the name and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

Use the coercive power of the state to clarify the specific enforcement content according to the legally effective documents, and compel the civil obligor to complete the obligations it undertakes, so as to ensure that the rights of the right holder can be realized. Legally effective documents include, but are not limited to, the following: civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, payment orders, etc.

As soon as they enter into force, the obligor shall perform automatically. If the right holder refuses to perform, the right holder may apply to the people's court for compulsory enforcement.

If there are objections to the relevant matters, they can appeal to the court, and the refusal to enforce the court's judgment is illegal, and it is possible to apply for compulsory enforcement in accordance with the above provisions.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 248.

If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, he shall report the current and the property situation of the year before the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

Article 249.

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 of the person subject to enforcement, such as deposits, bonds, shares, 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.

Taking a debt lawsuit as an example, when the debt is due, the creditor can require the other party to immediately return the arrears and interest, and if there is actual economic loss caused thereby, the creditor can request the other party to compensate for it. If there is an agreement, the interest shall be handled in accordance with the agreement, and the agreed interest shall not be higher than 4 times the interest of the bank loan for the same period. If there is no agreement on the interest, the other party can request payment according to the bank's loan interest for the same period, and the other party can agree.

However, if the other party does not agree, then in practice the court will usually not support it. There are many ways to recover arrears, such as negotiating with the other party and asking for payment, and negotiation is a good way. If the negotiation fails, a lawsuit will be filed.

If you can't find someone to sue the court, the court will announce the service of a default judgment, and the creditor can provide the court with clues about the other party's property, such as a vehicle, house or deposit in the name of the other party, and apply for enforcement, freeze and auction the above property to repay your debts. If there is an IOU, an IOU can be used as evidence, and if there is no IOU, other evidence, such as bank transfer records, ** recordings, witness testimony, etc., can prove the fact of the arrears and the amount of arrears. The statute of limitations for creditor's rights and debts disputes is 2 years, calculated from the date on which the infringement was known or should have been known.

Article 313 of the Criminal Law of the People's Republic of China: Where a people's court has the ability to enforce a judgment or ruling 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, a sentence of between three and seven years imprisonment is to be given, and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the managers and other directly responsible personnel directly responsible for the leakage of the slag field are to be punished in accordance with the provisions of the preceding paragraph.

Where they still cannot get the money after compulsory enforcement, other enforcement measures may be employed, including entering them into the list of judgment defaulters, restricting high spending, and so forth. If the person subject to enforcement is indeed incapable of performing, the court may temporarily suspend the enforcement, and the enforcement may be resumed at any time after the person subject to enforcement has the ability to perform.

Code of Civil Procedure

Article 255:Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's courts may employ or notify relevant units to assist in employing restrictions on leaving the country, recording and publishing information on non-performance of obligations in the credit reporting system, and other measures provided for by law.

Article 256:In any of the following circumstances, the people's courts shall rule to suspend enforcement:

1) The applicant indicates that enforcement can be extended;

2) Persons not involved in the case raise a credible objection to the subject matter of enforcement;

3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations;

4) The legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined;

5) Other circumstances where the people's court finds that enforcement should be suspended.

After the suspension disappears, the execution resumes.