What happens if the defendant has no enforceable property

What to do if you enforce no property?

In practice, there is no concern that the person subject to enforcement claims that "there is no money, but there is a life", but the most worrying thing is that the person subject to enforcement has no property to be enforced. If the person subject to enforcement does not have any property to be enforced, the court will be helpless, and the applicant can only wait for the person subject to enforcement to have property before applying to the court for enforcement. However, if the person subject to enforcement deliberately conceals assets and refuses to enforce the law, the applicant shall put pressure on him from three aspects:

First, the penalty interest for the extension of enforcement by the person subject to enforcement is added.

According to the relevant laws and regulations, if the person subject to enforcement fails to perform its obligations when due, the liquidated damages for deferred payment shall be calculated at twice the loan interest rate of the payable amount for the same period. In this way, if the person subject to enforcement refuses to pay the arrears due, he will have to pay a lot of liquidated damages for every day of delay. As long as the person subject to enforcement is still alive, even if it is 20 or 30 years, it is impossible to avoid fulfilling the obligation to pay.

For a person who hopes for a normal life, it is also his inner hope to end the days of being chased and intercepted by the court and summoned by the court as soon as possible.

Second, actively cooperate with the court to track down the property clues of the person subject to enforcement.

The enforcement division of the court has limited manpower, and there are many opportunities in every day, and each court always has dozens or hundreds of cases in its hands, and the judge has relatively little work on a single party. Therefore, in order to realize their rights and interests as soon as possible, the parties themselves should also take certain measures to seek clues about the property of the person subject to enforcement, and when necessary, they may ask some professional investigation agencies to assist. If you feel that the court's strength is not enough, or that the court is deliberately delaying, you can communicate with the presiding judge more to avoid misunderstandings between the two parties.

If it is true that the presiding judge is ineffective or procrastinating, he or she may assist in resolving the matter through his or her higher-level leader or other regulatory bodies.

Suspend the enforcement procedure and resume enforcement when the person subject to enforcement has property available for enforcement.

Enforcement may be suspended by the court until there is a property clue before applying for resumption of enforcement.

It is better for the plaintiff to find out whether the defendant has property before filing a lawsuit, and if not, do not sue.

Legal analysis: If the person subject to enforcement does not have any property for enforcement, the court will be helpless, and the applicant can only wait for the person subject to enforcement to have property before applying to the court for enforcement. However, if the person subject to enforcement deliberately conceals assets and refuses to enforce the law, the applicant shall put pressure on him from three aspects:

1. Penalty interest for the extension of enforcement by the person subject to enforcement.

2. Actively cooperate with the court to trace the property clues of the person subject to enforcement.

3. Care about the movements of the person subject to enforcement, and report to the judge in a timely manner.

Legal basis: Article 242 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 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.

Laughter in legal analysis: After enforcement, if there is no violation of the act that obstructs the court's enforcement, but there is no money and no property to enforce, and there is no other third party to perform on behalf of the court, the court may temporarily suspend the enforcement, and resume the enforcement at any time after it has the ability to perform.

Legal basis: Article 256 of the Civil Procedure Law of the People's Republic of China: In any of the following circumstances, the people's court shall rule to suspend enforcement: (1) the applicant indicates that enforcement can be extended; (2) A person not involved in the case raises a well-founded 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 obligations; (4) The legal person or other organization that is a party is terminated, and the right to imitate the successor has not yet been determined; (5) Other circumstances where the people's court deems that enforcement should be suspended.

After the suspension disappears, the execution resumes. In this case, for the time being, the only way to apply to the court for continued enforcement is when the person subject to enforcement has property. If the person subject to enforcement has an enforcement guarantor, if the person subject to enforcement is unable to perform the repayment obligation, you may request the people's court to add the seller and the guarantor as a joint judgment debtor to urge the person to perform the compensation obligation.

Legal analysis: After enforcement, if there is no violation of the act that obstructs the court's enforcement, but there is no money and no property to enforce, and there is no other third party to perform on behalf of the court, the court may temporarily suspend the enforcement, and resume the enforcement at any time after the ability to perform.

Legal basis: Article 256 of the Civil Procedure Law of the People's Republic of China: In any of the following circumstances, the people's court shall rule to suspend enforcement:

1) The applicant indicates that enforcement may be extended;

2) Persons not involved in the case raise a legitimate and justified 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.

If the defendant has no property that can be enforced, the execution can only be suspended; However, if the person subject to enforcement claims that he has no property, but the court finds that the person subject to enforcement has transferred or hidden the property, the court will still continue to enforce the property, and will impose corresponding penalties on the person subject to enforcement.

Article 256 of the Civil Procedure Law, in any of the following circumstances, the people's court 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 assigned by one of the parties 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 suspended love training attendant Kagagata disappeared, the execution resumed.