Does the effect of the original seizure still exist after the execution is terminated?

Updated on society 2024-06-03
8 answers
  1. Anonymous users2024-02-11

    Does the court decide to terminate the current enforcement or the execution, and whether the execution is completed? If the former is the case, the seizure will not be lifted, and if the latter is the case, you can ask the court to lift the seizure and the court will issue a ruling to lift the seizure.

  2. Anonymous users2024-02-10

    Legal analysis knows that the court has terminated the enforcement procedure, and the original seized house cannot be automatically unsealed, and the legal procedures for the court to unseal the seized property are: 1. The court case-handling personnel present valid law enforcement certificates to the land and real estate department; 2. Submit the legal documents to the court to unseal the property; 3. The land and real estate department shall unseal it according to the materials submitted by the court.

    Legal basis: Article 31 of the "Provisions of the Supreme People's Court on the Sealing, Seizure, or Freezing of Assets in Civil Enforcement by the People's Courts" In any of the following circumstances, the people's court shall make a ruling to lift the sealing, seizure, or freezing, and serve it on the person applying for enforcement, the person subject to enforcement, or a person not involved in the case: (1) sealing, seizing, or freezing the property of a person not involved in the case; (2) The person applying for enforcement withdraws the application for enforcement or waives the obligatory rights; (3) The sealed, seized, or frozen property fails to be auctioned or sold, and the person applying for enforcement and other persons with the right to enforce the debt do not agree to accept the debt; (4) The debt has already been paid off; (5) The person subject to enforcement provides a guarantee and the person applying for enforcement agrees to lift the sealing, seizure, or freezing; (6) Other circumstances where the people's court finds that the sealing, seizure, or freezing shall be lifted.

    Where the sealing, seizure, or freezing carried out by way of registration is lifted, a notice of assistance in enforcement shall be issued to the registration machine.

  3. Anonymous users2024-02-09

    Legal analysis: After the expiration of the seizure in the enforcement stage, the court can also seize it again. According to the relevant laws and regulations, the period for the people's court to seize land use rights and houses shall not exceed two years.

    At the end of the time limit, the seal may be renewed once, and when the seal is renewed, a new ruling on the seizure and a notice of assistance in enforcement shall be drafted, and the period for renewing the seal shall not exceed one year. Where there are truly special circumstances that require the renewal of the seal, the court's seizure of the property shall be subject to the approval of the High People's Court to which it belongs, and the period for renewing the seal each time (the explanation may be more than once) must not exceed one year. Where the period for sealing is complete and the people's court does not go through the formalities for continuing the sealing, the effect of the sealing is extinguished.

    Legal basis: Article 103 of the Civil Procedure Law of the People's Republic of China: Property preservation shall be done by sealing, seizing, freezing, or other methods prescribed by law. After the people's court preserves property, it shall immediately notify the person whose property is being preserved.

    Where assets have already been sealed or frozen, they must not be sealed or frozen repeatedly.

  4. Anonymous users2024-02-08

    Legal analysis: no time limit. As long as the applicant has clues about the property of the person who was executed, he can apply to the court for resumption of enforcement at any time, and the court will immediately enforce it.

    After the people's court rules to terminate the procedure for the elimination of the enforcement calendar, if it is discovered that the person subject to enforcement has property, it may resume enforcement on the application of the person applying for enforcement or ex officio.

    Legal basis: "Civil Procedure Law of the People's Republic of China" Article 250 Article 4: Where the person subject to enforcement is still unable to repay the debts after the people's court adopts the enforcement measures provided for in articles 242, 243, and 244 of this Law, it shall continue to perform its obligations. If the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time.

  5. Anonymous users2024-02-07

    Legal analysis: Where the property that has been judicially frozen will generally be unfrozen or sealed after a certain period of time has passed, or after the people's court has concluded enforcement, the assets that have been judicially frozen will generally be unfrozen or sealed. The period for a people's court to freeze a person subject to enforcement's bank deposits and other funds must not exceed six months, the period for sealing or seizing movable property must not exceed one year, and the period for sealing immovable property or freezing other property rights must not exceed two years.

    Except as otherwise provided by laws and judicial interpretations.

    Legal basis: Article 29 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts: The period for a people's court to freeze the bank deposits and other funds of a person subject to enforcement shall not exceed six months, the period for sealing or seizing movable property shall not exceed one year, and the period for sealing immovable property or freezing other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations.

    Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the time period provided for in the preceding paragraph.

  6. Anonymous users2024-02-06

    Summary. The final execution of the civil case does not mean that the seizure of immovable property is lifted. If the enforcement case has been fully performed, the court will close the case and the seizure will be lifted.

    Yes, dear, the property can be seized after the execution of the civil case is concluded.

    The final execution of the civil case does not mean that the seizure of immovable property is lifted. If the enforcement case has been fully performed, the court will close the case and the seizure will be lifted.

    If the enforcement case is not fully performed, some courts will terminate the enforcement and continue to seize the seized immovable property. You can still continue to execute when you go back.

    The period of preservation of immovable property is 3 years. According to the provisions of China's laws and regulations, the period for the people's court to seal and seize movable property cannot exceed two years, and the period for the people's court to seal up immovable property cannot exceed three years.

  7. Anonymous users2024-02-05

    Legal analysis: After the execution is terminated, the seizure will be lifted, and after a certain period of time, the freezing and seizure will be lifted. The period for which a people's court freezes the bank deposits and other funds of a person subject to enforcement must not exceed six months, the period for sealing or seizing movable property must not exceed one year, and the period for sealing immovable property or freezing other property rights must not exceed two years.

    Sealing refers to the fact that after the inspection of Qing Mengtan, it is sealed with a seal, and it is forbidden to use it, and it will be dealt with after the facts are clarified.

    Legal basis: Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts

    Article 29: The period for a people's court to freeze the bank deposits and other funds of a person subject to enforcement must not exceed six months, the period for sealing or seizing movable property must not exceed one year, and the period for sealing immovable property or freezing other property rights must not exceed two years. Except as otherwise provided by laws and judicial interpretations.

    Where the person applying for enforcement applies for an extension of the time limit, the people's court shall handle the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the period provided for in the preceding paragraph.

  8. Anonymous users2024-02-04

    Judicial freezing is subject to a certain period of time, and if the court's enforcement is concluded, the assets that have been judicially frozen will generally be unfrozen, sealed, and other measures.

    1. How long is the period of property preservation?

    In the case of pre-litigation preservation, if the applicant does not file a lawsuit or apply for arbitration in accordance with law within 30 days after the court takes the preservation measures, the court shall lift the preservation. In the case of property preservation in litigation, the period for freezing the bank deposits of the person subject to enforcement shall not exceed one year, the period for sealing or seizing movable property shall not exceed two years, and the period for sealing immovable property and freezing other property rights shall not exceed three years. Where the period for preservation is complete, an application may be made for an extension.

    2. How long can a bank card be unfrozen after it is frozen by the court?

    The law stipulates that the period for a people's court to freeze a person's bank deposits and other funds shall not exceed six months, the period for sealing or seizing movable property shall not exceed one year, and the period for sealing immovable property or freezing other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations. Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the time period provided for in the preceding paragraph.

    3. How often the court deducts points.

    The period for a people's court to freeze a person's bank deposits and other funds must not exceed six months, the period for sealing or seizing movable property must not exceed one or two years, and the period for sealing immovable property or freezing other property rights must not exceed two years. Except as otherwise provided by laws and judicial interpretations.

    Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the time period provided for in the preceding paragraph.

    Article 29 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts Article 29 The period for a people's court to freeze the bank deposits and other funds of a person subject to enforcement shall not exceed six months, the period for sealing or seizing movable property shall not exceed one year, and the period for sealing up immovable property and freezing other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations.

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