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No, you can only freeze the assets in his name.
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Legal Analysis: Under normal circumstances, at the beginning of the trial, basically the opposing lawyer will apply to the court to freeze your relevant account. If there is no freezing, you can take it out, find a person you can trust (not a relative or someone related to the case) to collect, and immediately check and ask, you can say that you can pay back someone else's money, and this part of the money cannot be enforced.
Legal basis: 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 shall be enforced by the people's courts at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.
Article 225:Where parties or interested parties feel that enforcement violates legal provisions, they may submit a written objection to the people's court responsible for enforcement. Where a party or interested party submits a written objection, the people's court shall review it within 15 days of receiving the written objection, and where the grounds are sustained, rule to revoke or correct it; where the reasons are not sustained, a ruling is to reject it. Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.
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 231:Where during enforcement, the person subject to enforcement provides a guarantee to the people's court, and with the consent of the person applying for enforcement, the people's court may decide on a suspension of enforcement and the period for which enforcement is to be suspended. If the person subject to enforcement still fails to perform within the time limit, the people's court has the right to enforce the property of the person subject to enforcement or the property of the guarantor.
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If there is still no money for the court to enforce the judgment, it can be handled by putting them on the list of the untrustworthy and restricting their travel. Generally speaking, court enforcement is already mandatory, for example, if Kaiguo really does not have any property that can be enforced, it can be dealt with by restricting its consumption or travel.
1. What should I do if the court judgment is enforced or there is no money?
If the court rules to enforce the law or has no money, Yuntan can be dealt with by putting him on the list of dishonest and restricting travel. After applying to the court for compulsory enforcement, the court may serve an enforcement notice on the person subject to enforcement, and if the person subject to the application for enforcement still fails to perform the court judgment within the time limit, the court may seal, seize, freeze, or dispose of the property of the person subject to enforcement in accordance with law; If there is no property available for enforcement, the court may also employ enforcement measures such as restricting high spending and joining the list of judgment defaulters, so as to prompt the person subject to enforcement to consciously perform the effective legal documents as soon as possible.
2. What is the content of court enforcement?
1. Court enforcement is a compulsory act taken by the court against the defendant according to the results of legal judgments. This is a special compulsory measure, which is quietly called by the enforcement personnel of the people's court in accordance with the rules of the legal document, to compel the person subject to the application for enforcement to complete the designated act.
2. Where the income of the person subject to enforcement has not been withdrawn from the relevant unit, the people's court shall make a ruling and issue a notice of assistance in enforcement to the unit, which shall assist in withholding or withdrawing it.
3. If the person subject to enforcement has no ability to pay money, the people's court has the right to rule to take measures to seal or seize other property of the person subject to enforcement. The ruling shall be served on the person subject to enforcement.
4. If there is evidence to prove that the person subject to enforcement has transferred the property, the enforcing court may impose legal detention and a fine on him, and compel the recovery of the transferred property for enforcement.
5. The enforcing court shall complete the enforcement within six months after the applicant submits the application for enforcement, and if the enforcement cannot be completed by the expiration date, the enforcement applicant may apply to the higher court for enforcement.
3. What are the circumstances under which enforcement needs to be suspended?
1) The applicant indicates that enforcement can be postponed.
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) Where a 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.
If the judgment in a particular case is refused to be enforced, the plaintiff may apply to the court for enforcement against the other party, and dispose of the property that can be enforced in a compulsory manner to enforce the judgment.
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Summary. Hello.
Hello. Hello.
Now the court can't enforce the property.
The lawyer has a question and would like to consult.
You said. Our family was defrauded of 90,000 yuan for buying a house in 2012, and the defendant repaid half of the money, and he didn't pay back the rest, so he asked the court for it.
The court said that his family has no enforceable property, can we apply to the Intermediate Court for enforcement?
If you have found a clue about the other party's property at the moment, then you can apply for a try.
If you have found a clue about the other party's property at the moment, then you can apply for a try.
When Hu Qi was in the court, he checked and said that the property belonged to his son, and his clan was not enforceable, so the court didn't need to help us get money in execution, because the case had not been resolved by the court for ten years.
If it weren't for him, the court would not be able to enforce his son's.
If we want to continue to ask for money, is there any good solution?
Find a local lawyer to find out if he has transferred property to his relative's name.
Whether there is a job, whether there is a flow of money.
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Legal analysis: If the court enforces that the other party has no money, the court can apply to the bank and other units to inquire about the deposits, ** and other properties of the person subject to enforcement, and can directly pay the arrears through transfer, price change and other means after the buried pants are found. If there is no deposit but only immovable property, the court can conduct an auction, and the auction money needs to be returned to the person subject to enforcement after the arrears are paid.
If the executor has nothing, he will be restricted from spending highly, and once he finds out that there is money in the card, he will immediately transfer it.
Legal basis: Article 242 of the Civil Procedure Law: The court has the right to take enforcement measures, and if the person subject to enforcement fails to perform the obligations determined in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the deposits, bonds, shares, and other property of the person subject to enforcement. 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. Where a people's court decides to seize, freeze, transfer, or sell property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
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You can ask for it, but the other party will not be able to provide it to you, and people will say that there is no income, because in this procedure, even if you tell a lie, you will not be held accountable. In the process of enforcement, you can only provide clues about the other party's property, and then apply to the court for freezing or enforcement, or you can also apply to the court to investigate the other party's account funds.
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You can ask for it.
But the other party can also not give.
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