I have no savings, only a house, and foreign debts, how can the law enforce me

Updated on society 2024-06-08
20 answers
  1. Anonymous users2024-02-11

    Article 219 of the Civil Procedure Law: 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 the obligations on. 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.

    Article 220: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 portion 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.

    According to the law, if you have a salary, the court can enforce your salary in addition to the necessary living expenses for you and your dependents. If you have other property, agree to the enforcement of the auction to protect the interests of creditors, provided that you keep the necessities of life.

  2. Anonymous users2024-02-10

    It depends on how big your house is. If your house is very large, such as more than 100 square meters, the court will force you to auction your property and then exchange it for a small house for you, and use the excess money to pay back to others. Or execute your color TV, computer, or something.

  3. Anonymous users2024-02-09

    I can only say what can be done through the courts.

    1. Rural land and the houses on it, because the land belongs to the collective, cannot be enforced, unless you belong to the land circulation pilot area, but there is no way to do the only house.

    2. If you can't find the other party's property, you can inquire about the recent income of the person subject to execution, such as when you received how much wages you received in **, etc., and provide it to the court, after the court investigates and verifies, after deducting the basic living expenses of the person subject to enforcement, there is more, and if you refuse to pay the case money, you can be detained, if the person subject to execution still resists execution during the detention period, you can transfer it to the Public Security Bureau for arrest and investigation, and then transfer it to the procuratorate for prosecution, and the court will sentence it. The key to this is that you need to provide detailed evidence of the income of the person subject to enforcement.

    The rest of the private negotiations are your own business.

  4. Anonymous users2024-02-08

    Absolutely, as long as it does not constitute a criminal offence.

  5. Anonymous users2024-02-07

    Hello, people owe my son 45,000 yuan, he owes too much money outside, only a house in the countryside, he is 41 years old, has the ability to work, and has no regular job.

    When asked, what he said doesn't count, and he has no integrity.

    Answer: If the court often enforces the property, if there is no way to deal with the other party's house due to property rights issues, it will be forcibly terminated, and you can explain the situation of the other party to the court and repay the loan according to the other party's salary.

    Q: He doesn't have a regular job, what should I do?

    Question: He has been sued by someone else.

    It's been half a month since the question was asked.

    Answer: If the debtor really has no money to repay, even if you win the lawsuit, the court enforcer knows that the other party has no money and cannot enforce it. Only if the other party refuses to return the money can the court arrest the person (including judicial detention or criminal liability for refusing to comply with the effective judgment).

    This will affect the life of the other party, and there is really no money to end the enforcement, but once it is found that the other party has assets, it can still continue to be enforced.

  6. Anonymous users2024-02-06

    If there is no property, the court will terminate the execution of the order. However, you can pay attention to observation and investigation, and once you find enforceable property, report it to the enforcement judge of the court at any time, and resume enforcement after finding clues about the property of the person subject to enforcement. In addition, if the respondent has transferred property, if there is sufficient evidence, the respondent shall apply to the court for recovery.

    Legal analysisThe court enforces and the parties have not deposited the house or car: 1. The debtor has no property in his name, and if he knows that the debtor has other due creditor's rights, he may request the court to issue a notice of assistance in enforcement to the debtor's debtor, requiring the debtor's debtor to freeze the money or transfer the money to the court's account. 2. Where the income of the person subject to enforcement has not been withdrawn from the relevant unit, the people's court shall make a ruling and issue a notice of assistance in enforcement to the unit, and the person shall assist in withholding or withdrawing it.

    3. If the creditor's right is secured by a guarantor, the guarantor's property may be enforced. 4. If the donor donates his property to others in order to evade the statutory obligations that should be performed, if the interested party claims rights, the gift shall be deemed invalid. 5. If the debtor waives its due creditor's rights or transfers its property free of charge, causing damage to the creditor, the creditor may request the people's court to revoke the debtor's act.

    If the debtor transfers property at an obviously unreasonable low price, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to revoke the debtor's act. 6. A contract where there is evidence to prove that the debtor maliciously colluded with a third party to the detriment of the interests of the creditor is invalid. A third party may be required to return the property.

    Legal basis"Civil Procedure Law of the People's Republic of China" Article 256:In any of the following circumstances, the people's court shall rule to suspend enforcement: (1) the applicant indicates that enforcement may be extended; (2) Persons not involved in the case raise a well-founded objection to the subject matter of enforcement; (3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations; (4) Where a legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined; (5) Other circumstances where the people's court finds that enforcement should be suspended. After the suspension disappears, the execution resumes.

  7. Anonymous users2024-02-05

    If you really don't have anything, you don't have anything.

    At best, they will be detained.

    If you can hold on, there's nothing going on.

    Because if you don't have money, the executor will need to detain you and get 200 yuan for food. But just because you don't have money now doesn't mean you will never have money. If the case is not settled for a day, it will always be hanging there, although you have no property available for enforcement for the time being, the court can suspend the case and resume enforcement later.

    So you're going to be okay at any time.

    There is another way, which is to hide in a place where he can't find it for a while, and if he really can't find you, I think the executor will not be out of it. The choice of the two options is yours.

  8. Anonymous users2024-02-04

    Hello, there is no property enforcement now, and the court will wait for you to enforce when you have property. According to the provisions, if the person subject to enforcement has no property available for enforcement, and the applicant is willing to postpone the enforcement, the court rules to suspend the enforcement, and applies for resumption of enforcement after the person subject to enforcement has the ability to perform.

    Question: Now that the monthly salary is less than 2000, you still have to treat the child, and if you don't have the ability, you can still answer the rest assured that the court execution will not make you unable to live, and it must be executed when you have the ability.

    Ask if the court will come to our house.

    Answer: Court enforcement may come to the door. The measures that the court may take to enforce the law include inquiring, freezing, and transferring the deposits of the person subject to the application for enforcement; withholding and withdrawing the income of the person subject to the application for enforcement; sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement; and measures such as searching the hidden property of the person subject to the application for enforcement.

    Ask me if I marry someone and the whole village can testify, and I don't have a long time to enforce anything.

    The enforcement period is six months, calculated from the date on which the enforcement case is filed.

    Question: There is not a penny on the bank card, no car, no house, and debts, and even if you have nothing, the court will go through the procedure, and only if the court cannot find that you have property that can be enforced, the execution will be suspended. Since there is nothing, there is no need to worry.

  9. Anonymous users2024-02-03

    If the person subject to enforcement has no property available for enforcement, and the applicant is willing to postpone the enforcement, the court rules to suspend the enforcement, and applies for resumption of enforcement after the person subject to enforcement has the ability to perform.

    Legal basis: Article 256 of the Civil Procedure Law: In any of the following circumstances, the people's court shall rule to suspend enforcement:

    1) The applicant indicates that enforcement can be extended;

    (2) Persons not involved in the case raise a well-founded objection to the subject matter of enforcement;

    (3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations;

    (4) Where a legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined;

    (5) Other circumstances where the people's court finds that enforcement should be suspended.

    After the suspension disappears, the execution resumes.

  10. Anonymous users2024-02-02

    ...It's true that there is no money, and it's fine.

  11. Anonymous users2024-02-01

    The bank does not have to pay it back. Other needs.

  12. Anonymous users2024-01-31

    To apply for legal aid, ask the Civil Division of your local court.

  13. Anonymous users2024-01-30

    Hello, the joint property and joint debts of the husband and wife need to be divided equally. Child support is generally around 400. Apply to the court to enforce him.

  14. Anonymous users2024-01-29

    Clause.

    1. I have a daughter, a house in my husband's unit, no savings, and foreign debts, what can I do to reduce my losses?

    You have to pay half of the maintenance for your daughter.

    The house of the husband's unit, if it is rented or owned before the marriage, does not belong to the joint property of the husband and wife.

    If you have no savings but have a foreign debt, it depends on whether the debt is during the marriage, and if so, it must be repaid jointly.

    Clause. Second, what should I do not suffer losses, and I can leave!

    Hehe, you're already shrewd. A bunch of questions were asked, and no points were added.

    Good luck!

  15. Anonymous users2024-01-28

    If you can't leave, don't leave, less husband and wife come to the old companion, the husband and wife are still the original match, and you will regret it after you leave, and you will still feel that the original choice was right.

  16. Anonymous users2024-01-27

    Divorce by agreement, that is, real estate, foreign debts, and children are not wanted, and the divorce can be obtained with the consent of both parties, and if the husband is unwilling, he will collect evidence against the husband and file for divorce.

  17. Anonymous users2024-01-26

    If you want to suffer less, you have to negotiate with your husband, and if he is reasonable, you can apply to leave the house. See if he's happy to see if he's happy to do so.

    If he doesn't agree, then according to the law, the property rights of the house in your husband's unit do not belong to you, and it belongs to something with personal attributes. You don't have the right to divide. Half of the foreign debt, if you raise the child, he will pay appropriate monthly maintenance, and if he raises him, you will give him appropriate maintenance.

    You have to "suffer" what you do

  18. Anonymous users2024-01-25

    Have a good time, plain is true, don't always stare at other people's problems!! You also need to be sunny in your heart.

  19. Anonymous users2024-01-24

    Of course, there is a right, since there is enforcement, there must be an effective judgment or ruling, then there must be a debt, whether you inherit or not, it can be enforced.

  20. Anonymous users2024-01-23

    According to the actual situation, if the father's house is the subject of compulsory enforcement, even if the house has heirs, the people's court still has the right to enforce the father's house according to the actual situation and relevant laws and regulations. For specific circumstances, please verify and determine according to the actual situation and relevant laws and regulations.

    Article 247:After property is sealed or seized, the enforcement officer shall order the person subject to enforcement to perform the obligations set forth in the legal documents within the specified period. Where the person subject to enforcement fails to perform within the time limit, the people's court shall auction the property that has been sealed or seized; Where the auction is not appropriate or both parties agree not to conduct the auction, the people's court may entrust the relevant unit to sell it or sell it on its own. The state prohibits the free sale of goods, handed over to the relevant units in accordance with the provisions of the state for purchase.

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