Someone owes me 30,000 8 can enforce his house

Updated on society 2024-05-25
4 answers
  1. Anonymous users2024-02-11

    Hello. Theoretically, yes. However, in practice, if the debtor has other property, he can use the other property to repay the debt first.

  2. Anonymous users2024-02-10

    Legal analysis: According to the creditor's application, the court can seize the bank and the property if it owes 50,000 yuan.

    Legal basis: "Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts" Article 2: The people's courts may seal, seize and freeze movable property in the possession of the person subject to enforcement, immovable property registered in the name of the person subject to enforcement, specific movable property and other property rights. For unregistered buildings and land use rights, the ownership shall be determined on the basis of the approval documents of the land use rights and other relevant evidence.

    Where a third party confirms in writing that the movable property or immovable property, specific movable property, or other property rights registered in the name of a third party belongs to the person subject to enforcement, the people's court may seal, seize, or freeze the movable property in the possession of a third party.

    Article 3 After the legal document on which enforcement is based takes effect and before the application for enforcement, the creditor may apply to the people's court with enforcement jurisdiction for the preservation of the debtor's property. The people's court may make a preservation ruling with reference to article 92 of the Civil Procedure Law, and the preservation ruling shall be immediately enforced.

  3. Anonymous users2024-02-09

    I owe more than 30,000 yuan to others, and now they want to apply for enforcement, what are the consequences? According to 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 determined 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. Article 243:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the portion of the income that the person subject to enforcement shall perform on the obligation.

    However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the person subject to enforcement in the unit, bank, credit cooperative, or other unit with savings business. Article 244:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, investigate, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of.

    However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph. Article 247:After property is sealed or seized, the enforcer shall order the person subject to enforcement to perform the obligations set forth in the legal document within the specified period.

    Where the person subject to enforcement fails to perform within the time limit, the people's court shall auction the property that has been sealed or seized; Where the auction is not appropriate or both parties agree not to conduct the auction, the people's court may entrust the relevant unit to sell it or sell it on its own. The state prohibits the free sale of goods, handed over to the relevant units in accordance with the provisions of the state for purchase. Article 248:Where the person subject to enforcement does not perform the obligations set forth in the legal documents and conceals assets, the people's court has the right to issue a search warrant to conduct a search of the person subject to enforcement, his residence, or the place where his property is hidden.

    That's all I have summarized for you, I hope you understand.

  4. Anonymous users2024-02-08

    Hello, on the question of how much money is owed that can be enforced, no matter what the amount of money owed, as long as the other party does not consciously perform the effective legal documents, you can apply to the court for enforcement. If there is only the fact of arrears and there is no effective legal instrument, it cannot apply to the court for compulsory enforcement. Article 236 of the Civil Procedure Law: 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 243 of the Civil Procedure Law: 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 245:Where one party fails to perform on a creditor's rights document to which a notary public has given compulsory enforcement effect in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court receiving the application shall enforce it. If there is a mistake in the notarized creditor's rights document, the people's court shall rule not to enforce it, and send the ruling to both parties and the notary public.

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