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Anonymous users2024-02-121. There must be definite evidence, such as evidence of their cohabitation, your mother did not participate in the foreign investment project, your father's assets, and physical evidence. As long as the evidence is complete, it will be easy to do. At present, audio and video recordings can be used as evidence, but attention should be paid to the legality of the collection of evidence.
2. It is best to investigate by yourself, the court can investigate this kind of case, but it is more difficult, the people in the court enforcement bureau are relatively lazy (China is like this), you have to investigate the account and the location of the house, and he will freeze it.
3. As long as the evidence is sufficient, it is possible to win.
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Anonymous users2024-02-111.The mother is now able to prove the relationship between the father and the second grandmother, and knows that they have real estate, what evidence needs to be provided in addition to this to be presented in the reconsideration?
Evidence of cohabitation, evidence of the property they jointly invested in must be verified (such as the ownership certificate of the real estate transaction center).
2.Can the court be asked to go to the property office to investigate their assets?
: The court generally does not inspect their assets, but if you have difficulties and clues to investigate, you can apply for a court investigation order.
3.Likelihood of winning the case.
: Depends on the results of the previous two steps.
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Anonymous users2024-02-10I've watched a similar show on ** TV, and my mother is going to be added.
But now, like the 4th floor said, you first sue your father to say, maybe you won't lose money and make money when the time comes...
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Anonymous users2024-02-09The circumstances of the additional judgment debtor are as follows:
1) Where the person subject to enforcement dies or is declared dead, the heirs, legatees or administrators of the estate may be added, but if there is no inheritance within the scope of the estate, these persons cannot be changed or added.
2) Where the person subject to enforcement is declared missing, the custodian of his or her property must cooperate in the enforcement of the property of the person subject to enforcement in his custody.
3) In enforcement cases arising from the infringement of minors, their guardians may be added, or the minor may be added as the person subject to enforcement after he or she reaches adulthood.
4) In the case of a merger and division of an enterprise legal person, the enterprise that accepts the company after the merger or the enterprise that "inherits" its creditor's rights and debts after the separation shall be executed as the person subject to enforcement.
5) If the legal person is a sole proprietorship, a one-person enterprise or a partnership enterprise, the investor of the sole proprietorship enterprise, the shareholder of the one-person enterprise or the general partner of the partnership enterprise, or the limited partner who has not fully contributed capital may be added as the person subject to enforcement.
6) A branch of a legal person may also be added as a person subject to enforcement.
The person subject to enforcement refers to the party who refuses to perform the court judgment or arbitral award after the expiration of the statutory appeal period or after the final judgment is rendered. When necessary, the legal person of the company may be added as the person subject to enforcement. The personal property of the legal representative cannot be enforced.
The company is a legal person, and the legal person is the main body of civil liability, and the debts owed by the legal person shall be repaid by the legal person, and if the court has passed the litigation procedure, the legal person must enforce the assets of the legal person when enforcing it. The "legal person" you are talking about may be the "legal representative", the legal representative is a different concept from the legal person, if it is the legal representative or legal representative of a limited liability company, and the legal representative is not a partner or shareholder (the shareholders of a limited liability company cannot be executed), the legal representative of personal property cannot be executed.
Legal basis
Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement.
Where a citizen who is the person applying for enforcement dies or is declared dead, and the citizen's executor, legatee, heir, or other entity that has lawfully inherited the rights determined in the effective legal documents as a result of the citizen's death or declaration of death, applies to change or add him or her as the person applying for enforcement in Dongqing, the people's court shall support it.
Where a citizen who is the person applying for enforcement is declared missing, and the citizen's property custodian applies to change or add him as the person applying for enforcement, the people's court shall support it.
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Anonymous users2024-02-08Summary. Hello, glad to answer for you! Additional Judgment Debtor:
Legal analysis: The person subject to enforcement is a natural person. If the person subject to enforcement dies or is declared dead, the heirs, legatees or administrators of the estate may be added, but if it is within the scope of the estate and there is no inheritance, these persons cannot be changed or added; Where the person subject to enforcement is declared missing, the custodian of his property must cooperate with the enforcement of the property of the person subject to enforcement in his custody; In enforcement cases arising from the infringement of minors, their guardians may be added, or the minors may be added as adults.
Hello, glad to answer for you! Additional Executed Shouted Destroyer: Legal Analysis:
The person subject to enforcement is a natural person. If the person subject to enforcement dies or is declared dead, the heirs, legatees or administrators of the estate may be added, but if it is within the scope of the remaining estate, and there is no inheritance, these people cannot be changed or added; Where the person subject to enforcement is declared missing, the custodian of his property must cooperate with the enforcement of the property of the person subject to enforcement in his custody; In enforcement cases arising from the infringement of minors, their guardians may be added, or the minors may be added as adults.
The current legal provisions and judicial interpretations do not stipulate that the enforcement court initiates the additional procedure ex officio, and it is generally held that the additional person subject to enforcement should be initiated upon the application of the party or the right holder, and the enforcement court shall not initiate the procedure ex officio in principle. In practice, if the applicant for enforcement believes that the conditions for additional celebration are met, it generally communicates with the enforcement judge first, and then submits an application for additional enforcement and relevant evidence to the case filing department of the enforcement court in accordance with the relevant laws and regulations.
Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement" Article 1 During the course of enforcement, the person applying for enforcement or his successor or the successor may apply to the people's court to change or add the party. Where the application meets the legal requirements for lack of slag, the people's court shall support it.
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Anonymous users2024-02-07Summary. Hello, the circumstances of adding the person subject to enforcement are as follows: 1. If the person subject to enforcement dies or is declared dead, the heirs, legatees or estate of the person subject to enforcement can be added.
2. If the person subject to enforcement is declared missing, the custodian of his property must cooperate with the execution of the property of the person subject to enforcement in his custody. 3. If an enterprise legal person is merged and separated, the merged enterprise or the enterprise that "inherits" its creditor's rights and debts after separation shall be executed as the person subject to enforcement.
Hello, the circumstances of adding the person subject to execution are as follows: 1. If the person subject to enforcement dies or the penitent person is declared dead, the heirs, legatees or estate of the person subject to enforcement can be added. 2. If the person subject to enforcement is declared missing, the custodian of his property must cooperate with the execution of the property of the person subject to enforcement in his custody.
3. If an enterprise is merged and separated as a legal person, the merged enterprise or the enterprise that "inherits" its creditor's rights and debts after separation shall be executed as the person subject to enforcement.
This case is a counter-guarantee recovery case involving a company's loans.
Hello, can you elaborate on the situation?
Our company appealed, and the court has made this judgment, in addition to the company's main controller bearing the guarantee liability, the plaintiff's right of recourse against other counter-guarantors, but today received the executive director's ruling on the resumption of enforcement, which has been excluded in the foreigner counter-guarantor included in the executor.
According to the situation you described, if the other party applies to add the person subject to enforcement, it is generally necessary to follow the operation of the enforcement judge.
Is there any basis for this addition of the person subject to enforcement, and can it be added at will?
Dear, the court generally does not directly make a ruling that does not comply with the procedure, and will generally make a ruling only if there is a relevant basis.
The court judgments have made it clear that the plaintiff does not have the right of recourse against the counter-guarantor, and can the counter-guarantor be added to the person subject to enforcement?
It is also possible that the application for addition is based on other evidence.
Dear, you said that you received a ruling from the Executive Directorate to restore execution, so you can see what the reasons for the ruling are.
Okay, I'll take a look.
Dear, this is of little use, you send the content of the judgment here, and then restore the content of the execution of the judgment.
Kiss, consultation is not limited to the service subject, no need to code.
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If it is a non-monetary payment obligation, it should not be restricted from high consumption, but it should also be monitored in terms of consumption.