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From your questions, it can be seen that: 1. When you divorced, the court made a ruling on the payment of alimony. 2. The receipt of the court's collection of alimony, stating that the alimony is handed over to the court with the consent of the presiding judge of the court, the divorced party, and you.
3. You have paid alimony within the time limit.
In this regard, it should be dealt with as follows: compulsory enforcement is the act of the obligated party refusing to perform the judgment or mediation document that has already taken effect, and the right party applies to the people's court to take compulsory measures in accordance with the law to enable the effective legal document to be enforced. If you have fulfilled your obligations, the court should not file a case against the other party's application for enforcement, and if the case has already been filed, it should not take compulsory measures to dismiss or reject the application.
Therefore, it is sufficient for you to deliver the court's alimony receipt to the enforcement judge and file a written enforcement objection to the court's enforcement. If you suffer losses as a result of the court's illegal compulsory measures, the court shall be liable for compensation in accordance with the State Compensation Law.
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What should I do? Do I have to pay the fee for applying for enforcement? I have a receipt from the court for the collection of alimony.
Give your reasons and point out that the other party's application has no legal basis. In this way, the costs of implementation shall be borne by the other party.
Question added: The court set the alimony to be paid on June 30, but she filed a case on June 23 and applied for enforcement, is it legal to do so? Why would the court file a case?
The court made an error in filing the case, and the other party's application was unreasonable. You provide evidence to protect your legitimate rights and interests.
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If it is the situation that the landlord said, the fault is on the side of the court.
First of all, since the court has received your maintenance money, but for some reason it has not been able to hand it over to your ex-wife in time, this is a matter of legal procedure, not your subjective will.
Second, the court failed to detect and deal with the landlord's alimony in a timely manner, and did not check whether the situation was true when it received your ex-wife's application for enforcement, which was suspected of dereliction of duty.
But then again, there is nothing your ex-wife's fault in this, so if you can, it's best to settle out of court to avoid hurting and getting angry.
Hope it can help the landlord.
Good luck.
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1. On the issue of child support, the child who is directly raised has the right to ask the other party to pay child support every month or year, according to the local level (our side is generally according to the monthly standard of 400 600 yuan per party), of course, due consideration will be given to the financial ability of the parties, such as if you have no job and regular income, these can be raised with the court.
If you want to raise a child, you can ask your wife to pay more child support.
2. The debts are divided into individual and joint, and if the debts of the original husband and wife are joint, the husband and wife need to bear them together, but they need to provide evidence.
3. What is the specific content of enforcement? Generally, it is also a consensus, keep the payment receipt, the reason for the appeal, and deal with it calmly.
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If you have the court's receipt of alimony, you can take it to the court and tell the enforcement judge of the enforcement division.
In the future, such things will be left to the judge's **, and timely communication will be enough.
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Since you have fulfilled your obligation to pay child support, then the other party has no reason and premise to apply for enforcement. Therefore, you should not be responsible for the cost of applying for enforcement.
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Explain to the court that you have paid the maintenance fee on time, and you don't have to pay the enforcement fee.
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Communicate with the judge in a timely manner The following conditions for applying for enforcement have been fulfilled before the expiration of the performance of the obligation, and look at the payment time and the court collection time and the time for the enforcement application and case filing!
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If you pay it on time and you have a receipt from the court, then you don't have to worry, just explain it clearly.
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The effect of this kind of enforcement payment order is very low, as long as you object in writing, the payment order is invalid, the other party can only file a lawsuit, and your receipt can be used as evidence to pay the legal costs.
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If you have a receipt from the court and enforce it, does that mean there is something wrong with the court's own procedures? In this case, you should not be charged an enforcement fee.
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There may be a problem with the internal procedures of the court, just have a receipt.
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It's nothing to worry about.
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In accordance with the laws of our country, those who refuse to enforce the judgment of the people's court may be detained for up to 15 days. If the circumstances are serious and serious, it will also constitute a crime and shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or a fine. When enforcing the law, 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 its obligations.
According to the provisions of China's Civil Rotation Procedure Law and relevant judicial interpretations: 1. The people's court has the right to inquire about the deposits of the person subject to enforcement from banks, credit cooperatives and other units with savings business, and has the right to freeze and transfer the deposits of the person subject to enforcement. 2. Have the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligation.
3. Have the right to seal, seize, freeze, auction or sell the part of the property that the person subject to enforcement shall perform its obligations. When the latter two measures are taken, the necessary living expenses of the person subject to enforcement and the family members they support shall be retained. Failure to comply with a judgment or ruling of a court that has taken effect is not just a matter of enforcement.
In accordance with the laws of our country, those who refuse to enforce the judgment of the people's court may be detained for up to 15 days. if the circumstances are serious, it will also constitute a crime and shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or a fine.
Article 236 of the Civil Procedure Law of the People's Republic of China provides that 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 233 of the Civil Procedure Law of the People's Republic of China provides that the period for applying for enforcement under Article 19 is two years. Article 244 of the "Civil Procedure Law of the People's Republic of China" provides that if 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.
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Legal Analysis: Enforcement. If the person subject to enforcement fails to perform the obligations set forth 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, shares, and shares.
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 source of the judgment debtor's deposits, bonds, shares, and other assets. The people's court 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.
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Summary. Dear, I am glad to answer for you that enforcement refers to a litigation activity in which the enforcement organization of the people's court uses the coercive power of the state to compel the party with the obligation to perform its obligations when it refuses to perform its obligations, so as to realize the content of effective legal documents.
Enforcement. Dear, I am glad to answer for you that enforcement refers to a litigation activity in which the enforcement organization of the People's Court Huimin uses the coercive power of the state to compel the obligated party to perform its obligations when it refuses to perform its obligations, so as to realize the content of effective legal documents.
Apply for compulsory enforcement, and whether the information will be online after the case is filed.
Dear, no.
Isn't there a letter of enforcement, after this book comes out, send a copy to each party, and this book will not be published on the Internet.
Dear, if you want to check the enforcement case, you need to have a case number, and then you need to find it on the specific ** of the court.
So what will happen online?
Dear, it will not be announced but you can inquire about it.
However, a case number is required.
Checking these nets will definitely show.
If the other party returns the money during the execution, will the book be revoked from the Internet?
Pro, it will not show the individual, if you are the company is enforced, that can be checked.
Yes. As long as you don't leave a criminal record, you will withdraw the money if you return it.
Checking the company won't find you by the way.
Dear, no.
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Legal analysis: If the person subject to enforcement fails to repay the debt when due, the court may order the person subject to enforcement to declare his assets, seal and freeze the bank deposits, houses, vehicles, etc., and may also fine or detain the person subject to enforcement.
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 courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. The property inquired into, seized, frozen, transferred, or sold by the People's Court must not exceed the scope of the obligations that the person subject to enforcement shall perform.
When a people's court decides to seize, freeze, transfer, or sell the property, it shall make a ruling and issue a notice of assistance in enforcement, which the relevant units must handle.
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 or withdraw the portion of the income that the person subject to enforcement shall perform on the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When a 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 unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.
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The circumstances under which enforcement cannot be prematurely demonstrated include: the applicant indicates that enforcement can be extended; Where a person outside the case raises a reasonable objection to the subject matter of enforcement; The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume obligations; The legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined; Other circumstances where the people's court finds that enforcement should be suspended.
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
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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