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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. If enforcement is still not possible after the court has taken the above measures, the court may rule to suspend the enforcement, and the enforcement may be resumed at any time after the property of the person subject to enforcement or the person subject to enforcement is discovered later. Article 256 of the Civil Procedure Law stipulates that 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 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 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. After the suspension disappears, the execution resumes. The above is my answer to this question, I hope it helps you, thanks.
Legal basis: In any of the following circumstances provided for in Article 256 of the Civil Procedure Law, 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 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 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.
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Hello. If the other party has no enforceable property, the court has no choice but to suspend the enforcement, wait for the future to be enforced, and provide the court with property clues.
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If the person subject to enforcement really has no property to be enforced, the court can only suspend the enforcement and resume enforcement when the person subject to enforcement has clues about the property.
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If there is no property, the court will not be able to change the property, so it is recommended to temporarily suspend the enforcement and resume the enforcement after finding clues about the property.
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What to do if you enforce no property?
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Legal analysis: 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 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 the law, and if there is no property available for enforcement, the court may also take enforcement measures such as restricting high consumption and joining the list of judgment defaulters, so as to prompt the person subject to enforcement to consciously perform the effective law and law documents as soon as possible.
If enforcement is still not possible after the above-mentioned measures have been taken by the Fana Cong Court, the court may rule to suspend the enforcement, and the enforcement may be resumed at any time after the property of the person subject to enforcement or the person subject to enforcement is discovered later.
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) a citizen who is a party to the case dies and needs to wait for the heirs to inherit rights or assume obligations, 4) 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.
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If the property subject to enforcement is in a different place, it may be enforced by the court where the property is located.
Generally, there are the following situations:
1. The third party may protect its own lawful rights and interests by raising an objection from a person not involved in the case, and the court shall review the objection of the person not involved in the case, and the enforcement shall be suspended during the review period. If the enforcement court rejects the outsider's objection after review, the outsider may also file an outsider lawsuit with the enforcement court. However, during the proceedings, the court may begin to resume the enforcement of the property, unless the outsider provides a truly sufficient reason or corresponding security to request the court to stop the enforcement;
2. The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, shall be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located. 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 the law 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;
3. 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.
Article 227 of the Civil Procedure Law of the People's Republic of China: (1) Where during the course of enforcement, a person not involved in the case raises a written objection to the subject matter of enforcement, the people's court shall review it within 15 days of receiving the written objection, and if the reasons are sustained, rule to suspend enforcement of the subject matter;
2) Where the reasons are not sustained, a ruling is to reject it. Where persons not involved in the case or parties are dissatisfied with the ruling and feel that the original judgment or ruling was in error, it shall be handled in accordance with the trial supervision procedures;
3) Where it is unrelated to the original judgment or ruling, a lawsuit may be filed with the people's court within 15 days of the date on which the ruling is served.
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Article 1 of the Civil Procedure Law stipulates that if 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 the law on his behalf. After receiving the letter of entrustment, the entrusted people's court must begin enforcement within a few 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 a few days, the people's court shall also be entrusted with a letter of the execution.
Where the entrusted people's court does not enforce within 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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Legal analysis and omission: If the property subject to enforcement is in a foreign place, it may be directly enforced in a foreign place. The details are as follows:
1. The person subject to enforcement has property in different jurisdictions, and the property in any one place is insufficient to pay off the debts alone;
2. There is a certain relationship between the multiple persons subject to enforcement distributed in different court jurisdictions to the assumption of the liability for the repayment of debts of Senpainai;
3. It is necessary to make a ruling to change the spring change or add a person subject to enforcement outside the jurisdiction;
4. During the trial of the case, the property of the parties in other places has been preserved, and it is more convenient to enforce them in other places;
5. Where it is inconvenient to entrust enforcement due to other special circumstances, and it is approved by the High People's Court.
Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China: 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.
What should I do if the court enforces that the other party has no money.
Your problem is not easy to solve. In recent years, the state has been vigorously rectifying the problem of difficulty in enforcement, and all cases that have been executed have been dealt with strictly. >>>More
The format of the application for enforcement is as follows: >>>More
Implement the repayment of principal and interest.
Article 2 of the Reply of the Supreme People's Court on Issues Concerning How the People's Court Calculates Interest on Debts During the Period of Delayed Performance in Enforcement Work stipulates that if the enforcement amount is insufficient to repay all debts, it shall be enforced in proportion to the principle of repayment of the monetary debts determined in the legal documents and the interest on the debts during the period of delayed performance, unless otherwise agreed by the parties on the order of repayment in the enforcement settlement. >>>More
1. Time limit for enforcement 1. Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date on which the case is filed; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed. However, the period during which enforcement is suspended shall be deducted. 2. Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of the court for approval. >>>More