How can I remedy the error of assisting in execution? How to remedy during the enforcement period

If you have a debt due to the debtor, and the debtor himself cannot pay off the debts due, and you do not raise any objection after receiving the court's notice of performance, the court also has a legal basis for enforcement

Article 300 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China stipulates that: "If the person subject to enforcement is unable to pay off the debt, but has a due creditor's right against a third party, the people's court may, upon the application of the person applying for enforcement, notify the third party to perform the debt to the person applying for enforcement." If the third party has no objection to the debt but fails to perform within the time limit specified in the notice, the people's court may enforce it.

According to Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (for Trial Implementation), if the person subject to enforcement is unable to pay off the debt, but has a due creditor's right against a third party other than the case, the people's court may, upon the application of the person applying for enforcement or the person subject to enforcement, issue a notice to the third party to perform the due debt. The third party shall directly perform its debts to the person subject to enforcement within 15 days after receiving the notice of performance, and shall not pay off the debt to the person subject to enforcement; If the third party has any objection to the performance of the due creditor's rights, it shall submit it to the enforcement court within 15 days after receiving the notice of performance; If the third party does not raise an objection within the time limit specified in the notice of performance, but fails to perform, the enforcing court has the right to rule on compulsory enforcement.

You can sue on the grounds of defence against creditors of your debt.

1. From a substantive point of view, you do not enjoy the creditor's rights and debts, and the lawsuit of Company C is a fact, which can be used as evidence to explain the situation to the enforcement court.

2. Procedurally, if a retrial cannot be initiated against a ruling under enforcement, it can only apply to the court that made the ruling for reconsideration or request a higher court to correct it.

I think the court is wrong, you owe money to Company C, and A is a natural person and only a **person of Company C, and the creditors of A have no right to subrogate you.

You can file a retrial, and you should participate as a third party with an independent request.

The status of an outsider is not good, because the property is not yours, you can apply for a reconsideration.

1. All of them can be remedied through the following ways:

1. Obtain relief through state compensation.

This is the common experience of foreign administrative compulsory enforcement relief systems. The state compensation and relief method has been adopted by the theory and practice of administrative enforcement in various countries because of its functions of transcending the differences between the judicial systems of various countries and the preference for the value of administrative power. Judging from the scope of China's current State Compensation Law, the state shall compensate administrative entities for violations of the personal rights and property rights of the counterpart, such as violence and illegal deprivation of personal liberty in the course of exercising the power of administrative compulsory enforcement.

For example, article 68 of the Administrative Coercion Law stipulates: "Anyone who violates the provisions of this Law and causes losses to citizens, legal persons or other organizations shall be compensated in accordance with law." ”

2. Obtaining relief by filing an enforcement objection to the enforcement organ or its superior organ Theoretically, since administrative compulsory enforcement is a factual act, it is excluded from the scope of administrative reconsideration or administrative litigation, and the establishment of an enforcement objection system can avoid entanglement in the nature of the act. The condition for raising an objection to enforcement is that the person subject to enforcement believes that the administrative entity has violated its personal rights or property rights in the course of carrying out administrative compulsory enforcement. Where the enforcement organ does not accept it, it may raise another objection to the organ at the level above the enforcement organ.

The court of first instance held that the second paragraph of Article 51 of the Arbitration Law of the People's Republic of China (hereinafter referred to as the "Arbitration Law") stipulates that the mediation document and the award have the same legal effect. Paragraph 2 of Article 9 of the Arbitration Law stipulates that if an award is revoked or not enforced by a people's court in accordance with law, the parties may apply for arbitration in respect of the dispute in accordance with the newly concluded arbitration agreement, or may file a lawsuit with the people's court. Paragraph 5 of Article 237 of the Civil Procedure Law stipulates that if an arbitral award is ruled not to be enforced by a people's court, the parties may reapply for arbitration in accordance with the written arbitration agreement reached by both parties, or may file a lawsuit with the people's court. Therefore, Company A filed a lawsuit in accordance with the law, which was in accordance with the law. The court refused to enforce the relief and held that the Housing Sale and Purchase Contract was invalid because it violated the mandatory provisions of the law.