After mediation, the defendant does not perform the application for enforcement

Updated on society 2024-05-24
4 answers
  1. Anonymous users2024-02-11

    If the application for enforcement does not require payment, even if it does, it can be passed on to the person subject to enforcement.

  2. Anonymous users2024-02-10

    If the money is not paid first, after the execution is returned, the court will deduct the enforcement money paid by the person subject to enforcement.

  3. Anonymous users2024-02-09

    Legal analysis: 1. Apply to the original people's court for compulsory enforcement, the court mediation letter shall take effect after being signed by both parties and shall be as enforceable as the judgment. A mediation agreement signed voluntarily and lawfully shall not be prosecuted or appealed after it has taken effect.

    2. Procedures for applying for compulsory enforcement: The application for enforcement shall be made within one year of the issuance of the mediation document or judgment. Submit an application to the court, find the presiding judge to confirm that the mediation agreement has taken effect, the original mediation document, the property of the person subject to enforcement who can be enforced, and a copy of the applicant's ID card.

    3. The specific time when it can be executed depends on whether the person subject to enforcement has property. If you know the property situation of the other party, you should explain it to the enforcement judge, and the enforcement period is generally 6 months.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 242: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 inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. The People's Court of Law has 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 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, 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.

  4. Anonymous users2024-02-08

    The court will take compulsory measures such as detention, fines, or seizure of property against the defendant. According to the relevanceLaws and RegulationsIf there is no money, the execution will be suspended, and the execution will be resumed after the suspension disappears.

    Legal analysisIf the enforcement has no effect, the court can close the case with the end of this enforcement, and the chain bureau can re-enforce when it finds that the person subject to enforcement has money. As the person applying for enforcement, he or she enjoys the following rights and obligations during the enforcement of the case: 1. During the enforcement period of the case, the person applying for enforcement shall provide the people's court with any information about the property status or property clues of the person subject to enforcement.

    If the people's court ascertains that the person subject to enforcement is temporarily incapable of performing and the person applying for enforcement fails to provide clues on the property within one month after receiving the notice from the people's court, the people's court will terminate the enforcement procedure in accordance with law, and if the circumstances of termination disappear, it may apply for resumption of enforcement. 2. The decisive factor in whether the obligations set forth in the effective legal documents can be fully fulfilled lies in whether the large number of persons subject to enforcement have property available for enforcement. Where the person subject to enforcement truly lacks the ability to perform or the ability to perform is insufficient, and the people's court is unable to find the property of the person subject to enforcement that can be used for enforcement, and the person applying for enforcement is unable to provide clues about the property that can be used for enforcement, the person applying for enforcement needs to bear the consequences of the failure to realize the rights determined in the effective legal documents.

    3. The person applying for enforcement shall actively cooperate with the people's court's enforcement work during the enforcement process, and shall appear on time upon notice from the people's court. If it is necessary to entrust the person, the person should provide a power of attorney and clarify the matters and authority.

    Legal basisArticle 236 of the Civil Procedure Law of the People's Republic of China: The parties must perform on legally effective judgments and rulings on civil matters. 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.

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