What should I do if I file a lawsuit for an IOU and the defendant s property is transferred

Updated on society 2024-05-11
8 answers
  1. Anonymous users2024-02-10

    In principle, the litigation fee is paid by the losing party, but the money for hiring a lawyer needs to be paid by the person who hires a lawyer Details: 1 Lawyer's fee (this part depends on whether you hire a lawyer or not) 2 Litigation fee (calculated in accordance with Article 14 of the Measures for Payment of Litigation Fees, if the subject matter is about 200,000 to 500,000 yuan, it is calculated according to the amount of the subject matter); The plaintiff pays in advance when filing a lawsuit, and if the plaintiff wins, this part of the money will be borne by the defendant, and it can be requested to be enforced together at the enforcement stage 3 Preservation Fee If you apply before litigation, you also need to provide security. It is recommended that the application in the litigation be exempted from the provision of security.

    The standard for payment of preservation fees is: If the amount of property does not exceed 1,000 yuan, 30 yuan shall be paid for each piece; The part exceeding 1,000 yuan to 100,000 yuan shall be paid at 1%; The part exceeding 100,000 yuan shall be paid according to the payment. However, the fee to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan.

    According to the above, you need to estimate the approximate value of the subject matter you preserve, calculate the cost in stages, and then add it up to calculate the total amount, but the total will not exceed 5,000 yuan. 4 In the course of the lawsuit, if the defendant files a counterclaim, or a third party with an independent claim participates in the lawsuit, and the trial is joined, the above litigation fee shall be reduced by half. 5 If you win, you will apply for enforcement, which involves an enforcement fee.

    If the execution amount or price does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; The part exceeding 10,000 yuan to 500,000 yuan shall be paid according to the payment; The part exceeding 500,000 yuan to 5 million yuan shall be paid at 1%; The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; The part exceeding 10 million yuan shall be paid according to the payment. It's also calculated in sections. 6 Auction Fee This part of the money is charged to the buyer who bought the house, and it is none of your business.

    The amount is about 5% of the transaction value. 7 How can it be related to the issue of mortgage on the house, this is not understood. I think your mortgage should not have been registered.

    This one is more troublesome. According to the provisions of the Property Law, the mortgage of the house shall be registered to take effect, which means that you have to apply for a mortgage at the Housing Authority before your mortgage takes effect. If there is no mortgage, you only have one mortgage contract that is valid (whether there is a mortgage contract or not, you did not say).

    Anyway, strictly speaking, your claim is considered an ordinary claim. If you run out of other creditors, it will be difficult for you to pay off the house auction money first (that's what you said, that's how I guess) 1if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; 2.

    The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment; 3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%; 4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment; 5.

    The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%; 6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment; 7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment; 8.

    The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; 9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;

  2. Anonymous users2024-02-09

    Hello, in the case of the transfer of property, the defendant can sue in time, and then apply to the court for preservation of the property.

  3. Anonymous users2024-02-08

    In this case, you can apply for property preservation to freeze the relevant assets of the other party.

  4. Anonymous users2024-02-07

    Provide proof of the transfer of property to the court

  5. Anonymous users2024-02-06

    Legal analysis: According to the relevant provisions of the Civil Procedure Law of China, if the person subject to enforcement transfers personal property before filing a lawsuit, the right holder may apply to the court for preservation of the property of the person subject to enforcement, and use it to provide the court with property clues. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

    Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

    Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China Where an interested party does not immediately apply for preservation due to an urgent situation, it will suffer irreparable damage to its lawful rights and interests, it may apply to the people's court with jurisdiction over the case for the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

    After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

    Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

  6. Anonymous users2024-02-05

    Apply for property preservation. If, in the course of filing a lawsuit, the plaintiff believes that the defendant may transfer property, he may apply to the people's court for property preservation. According to the relevant provisions of China's "Civil Procedure Law," the people may call the court to fine or detain property that has been sealed and seized for concealing, transferring, or selling property that has been sealed and seized.

    where a crime is constituted, criminal responsibility is pursued in accordance with law.

  7. Anonymous users2024-02-04

    1.Collect clues about their passbook and write down their opening bank, no matter where they transfer the money, it will not have much impact, and they can apply to the court to check the transfer records, and the court will ask them to explain the whereabouts and uses of the deposits, and review the necessity of the transfer. 2.

    Collect clues about his income status, and if necessary, a lawyer will come forward to investigate, and if the other party has a high income, but does not see any savings, the court orders him to explain his income and expenses, and examines the reasonableness and necessity of the expenses. 3.For the transfer of immovable property:

    Since it belongs to the joint property of the husband and wife, either party has no right to unilaterally transfer it, otherwise the other party can claim that the sale is invalid and pursue its legal responsibility for the transfer. 4.For the transfer of an envy of brother-like items:

    Keep your receipts for your purchases. 5.For low-priced ** marital joint property and the use of affiliated enterprises to maliciously indebted:

    Confront creditors, ask detailed questions, outline questions, review when the debt was formed, do a handwriting examination if necessary, review the purpose and necessity of the debt, and so on. 7.For inflated expenses:

    Review the expenditure vouchers, review the authenticity, necessity and reasonableness, and if necessary, check with the relevant units for investigation.

  8. Anonymous users2024-02-03

    Legal Analysis: In principle, citizens have the right to dispose of their own legal property, but if they are suspected of maliciously evading debts, the creditor can apply for revocation.

    Legal basis: Article 538 of the Civil Code of the People's Republic of China If the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extending the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

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