The judgment of 11 years ago has not been implemented so far, how to recover it

Updated on society 2024-05-29
14 answers
  1. Anonymous users2024-02-11

    To treat this kind of person, no matter how complicated his network is, first of all, you still submit an application for enforcement like the original court, and if the court does not accept it, you will go to the higher people's court to request enforcement. At the same time, you can go to the National People's Congress, go to the petition department, go to the local government, etc. to complain about the court's inaction.

    Where they do not refuse to enforce an effective judgment of a people's court, the people's court may impose a fine, detention, or even a criminal punishment. You keep suing, no matter how hard his relationship is, you can't keep him!

    Remember to ask them to pay a late fee! Calculated at double bank interest.

    If his income is used for family use, then his debts will naturally also be borne by the joint family property.

    Feel free to sue it!!

  2. Anonymous users2024-02-10

    1. Have you ever gone to the court to apply for enforcement?

    2. If an application for compulsory enforcement is made, if the court cannot find the person's personal property, there is no way to enforce it, including the property of his wife and the people in the family who are not his personal property.

    3. If you apply for enforcement, and that person also has property, but the court does not act, you can appeal to the higher court.

  3. Anonymous users2024-02-09

    An appeal may be made to the original court requesting that the fine be enforced, and if this is not possible, an appeal may be made to the people's court at the level above the original trial court, and an application for a retrial may also be made after the sentence is imposed.

  4. Anonymous users2024-02-08

    1. Apply for execution.

    2. His family's property should be half of that of this defendant, you can rest assured.

    3. If the other party still doesn't give it, you keep going to the court, and if the court doesn't give enforcement, you can go to the higher court to ask for enforcement.

  5. Anonymous users2024-02-07

    His personal property is separate from the family's property. Unable to enforce his family's property.

    If he has a job or a stable income, he can apply for execution.

  6. Anonymous users2024-02-06

    Apply for enforcement to the court enforcement division of the court where the judgment was rendered at that time.

  7. Anonymous users2024-02-05

    Summary. Although the court judgment of 10 years ago has not been enforced, it is still valid, but because the time limit for enforcement has expired, there is no way to apply for enforcement.

    The court judgment from 10 years ago has not been enforced, is it still valid?

    Hello, I am a partner lawyer of the platform and have received your question.

    Hello, please wait a minute, I will help you with the inquiry, will reply to you as soon as possible, and please wait for me.

    Although the court judgment of ten years ago has not been enforced, it is still valid, but because Sui Chongsong has exceeded the deadline for the execution of the judgment, there is no way to apply for enforcement.

    The judgement remains in force. However, because there is no two-year time limit for applying to the court for compulsory enforcement, the court will not enforce it. r Article 239 of the Civil Procedure Law stipulates that the period for applying for enforcement is two years.

    To apply for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied to the law.

    Okay thank you. I'm glad to answer for you this time! If you are satisfied with my above targeted reply, you can give me a like, and click on my avatar to follow, so as to conduct targeted consultation.

  8. Anonymous users2024-02-04

    Legal Analysis: Court judgments are always legal and valid. It's just that after two years, the court will not enforce it.

    Legal basis: Article 239 of the Civil Procedure Law of the People's Republic of China The period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.

    The period provided for in the preceding paragraph is calculated from the last day of the period for performance as provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not stipulate a period for performance, it is calculated from the date on which the legal document takes effect.

  9. Anonymous users2024-02-03

    Summary. Hello dear for your question, oh <>

    It has been 10 years since the judgment was issued, the court has not executed it, and the plaintiff has not applied for enforcement, and this judgment is still valid, and beyond the time limit for applying for enforcement prescribed by law, the other party can no longer be enforced through the court, but the judgment still has legal effect, and the other party can negotiate with the other party to agree on the way to perform the court judgment or the time for the other party to pay off the debt. The newly signed debt settlement agreement has legal effect after being signed by both parties.

    It has been 10 years since the judgment was issued, but the court has not enforced it, and the plaintiff has not applied for enforcement.

    Hello dear for your question, oh <>

    The judgment is based on the fact that it has been issued for 10 years, the court has not executed it, and the plaintiff has not applied for enforcement, and this judgment is still valid, and beyond the time limit for applying for enforcement prescribed by law, the other party can no longer be enforced through the court, but the judgment still has legal effect, and the other party can negotiate with the other party to agree on the way to perform the judgment of the court or the time for the other party to pay off the debt. The newly signed debt settlement agreement has legal effect after being signed by both parties.

    It has been 10 years since the judgment was issued, the court has not executed it, and the plaintiff has not applied for enforcement. As long as the judgment is not revoked by the court, it will always be legal and valid.

  10. Anonymous users2024-02-02

    1. After the court judgment takes effect, the parties need to apply for it, and then the court will enforce it.

    2. The premise of the court's enforcement is that the person subject to enforcement has property, and if there is no property, the court cannot enforce it.

    3. After applying for enforcement, if the person subject to enforcement has property, but the court does not enforce it, he may apply to the court at the next higher level for enforcement.

  11. Anonymous users2024-02-01

    The difficulty of enforcement is already a long-standing problem, mainly because the person subject to enforcement does not take the initiative to execute, and after enforcement, it is found that there is no property, resulting in the suspension of enforcement, so there will be the problem of effective legal documents but the implementation has not been in place for a long time.

    Try to contact the enforcement judge, and if possible, the executive bureau will first provide clues about the property of the person subject to enforcement.

  12. Anonymous users2024-01-31

    1. If the judgment has been in effect for two years, but the enforcement division of the court has not executed it, it is necessary to distinguish whether the enforcement division does not enforce it or whether the person subject to enforcement has no property to enforce. The premise of court enforcement is that the person subject to enforcement has property, and the court can find the property. Not every judgment can be actually enforced after it takes effect.

    2. If the person subject to enforcement has property available for enforcement, the court shall complete the enforcement within six months after accepting the case. If the court refuses to enforce the law, it may apply to the court at the next higher level for enforcement.

    3. If the person subject to enforcement has no property for enforcement or the court cannot find the property of the person subject to enforcement, the court cannot enforce it. When it is discovered that the person subject to enforcement has property, enforcement may be resumed at any time.

  13. Anonymous users2024-01-30

    If a consultation was applied for at the time of the judgment in that year, and now it is found that there is enforceable property, the party may apply for resumption of the enforcement procedure.

    Article 104 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (for Trial Implementation) stipulates that: "After the circumstances for the suspension of enforcement disappear, the enforcing court may resume enforcement on the application of the parties or ex officio.

  14. Anonymous users2024-01-29

    1. You can apply for enforcement, and the court will also accept the case, but you may not be able to enforce the money.

    2. Because the time limit for applying for enforcement has expired, the person subject to enforcement may perform the obligations determined in the judgment, but may also refuse to perform on the grounds that the time limit for applying for enforcement has expired. If the court finds that the time limit for applying for enforcement has indeed expired, it may rule not to enforce it.

    3. If, after the person subject to enforcement has fulfilled the obligations determined in the judgment, he requests the court to return the money that has been performed on the grounds that he does not know that the time limit for applying for enforcement has expired, the court will not return it.

    4. Article 239 of the Civil Procedure Law: The period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.

    The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

    5. Article 483 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China: Where the person applying for enforcement applies to the people's court for compulsory enforcement beyond the limitation period for applying for enforcement, the people's court shall accept it. Where the person subject to enforcement raises an objection to the limitation period for applying for enforcement, and the people's court sustains the objection upon review, it rules not to enforce it.

    Where, after the person subject to enforcement has performed all or part of his obligations, he requests a reversal of enforcement on the grounds that he does not know that the statute of limitations for applying for enforcement has expired, the people's court will not support it.

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