What is the best way to enforce the old people who have no car or house in their name?

With the rapid development of today's social economy, but not everyone can keep up with such a pace, and slowly there are many old people in the society. It is still easier to deal with the old man who has a house and a car, but in daily life, he is afraid of encountering a man who has no car and no house in his name. At this time, some people will question, what should be done for such an old man?

What is the best way to enforce the old people who have no car or house in their name?

1.By sue. In fact, many people who have no car or house in their name may not really have a house or a car, in this case, they can learn the true situation of the old man by suing, such as bluffing, or by pretending to be poor to make others feel that they really have no money, so that they do not have to pay back the money.

When a lawsuit is filed, the relevant authorities will inquire about the debtor's real estate, vehicle and bank information, so as to directly avoid hiding the property and thus escape the debt.

2.Sue first. For the old man who has no house or car in his name, he must carry out the plan of suing first.

Because you can sue to recover the debt first, you can avoid missing the time for litigation. According to Article 188 of the Civil Code of China, the effective period of litigation to the people's court for the protection of civil rights and interests is three years. From a legal point of view, the law can also protect the legitimate rights and interests of creditors for a period of three years.

3.Strive for the best interests. In fact, in the process of suing, if the creditor wins the lawsuit, the people's court will refund to the creditor the litigation fees and preservation fees paid in advance at the time of filing the lawsuit.

If the lawsuit is partially won, the corresponding fees will be refunded according to the amount paid by the judgment, and for the old man, the relevant departments will investigate whether he still has assets behind him, which can also maximize your interests and avoid more losses.

Summary. For the old man who has no house or car in his name, the most advantageous way is to take the law ** and sue. In this way, you can not only maximize your own interests, but also protect yourself with the law** for a few years.

I think we can use legal means to protect our rights and interests, and they don't have a house or a car, they don't have anything to mortgage, so we can build it into a court, so they will also provide some responsibility for some of their actions.

The best thing to do is to sue first. You must know that the court can investigate and understand his real property situation and give the best solution.

He can file a lawsuit in the local court, so that the true state of his property can be ascertained through the court.

Legal analysis: If the debtor does not have money, even if the creditor wins the lawsuit, the court cannot enforce it. In such cases, the only advantage of suing is to affirm the creditor-debtor relationship in the form of law.

Once the debtor has the financial means, he can take the reed to enforce the repayment obligation. If the debtor is not in default, the creditor may also not sue, but will be required to change the debt procedure every two years.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court for the location of the property being enforced.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

Article 225:Where parties or interested parties feel that enforcement violates legal provisions, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the reasons are stupid and disturbing, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it. Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.

Article 226:Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

Article 230 In the course of enforcement, where the person subject to enforcement provides a guarantee to the people's court, and with the consent of the person applying for enforcement, the people's court may decide on the suspension of enforcement and the period for which enforcement is suspended. If the person subject to enforcement still fails to perform within the time limit, the people's court has the right to enforce the property of the person subject to enforcement or the property of the guarantor.

Legal analysis: For judgment defaulters (lai lai), the court can restrict them from high consumption, that is, restrict their expenses that are not due to ordinary living, such as taking high-speed trains, spending in high-end places, buying houses and cars, traveling and vacationing, etc.

But all the means of implementation need to ensure that the old man and his family can maintain a basic standard of living, and can at least take a bus and sit in a hard seat when traveling, and can buy essential supplies for life like ordinary people.

As for restricting children's schooling, the regulations clearly stipulate that their children are restricted from attending high-fee private schools. The key point here is the "high-fee private schools", the so-called "aristocratic schools", while other schools are not restricted.

Therefore, in public primary and secondary schools and full-time public universities in the compulsory education stage, the children of "old men" are free to study, and the law does not prohibit it, for the same reason as before, restricting high consumption only restricts the chain of consumption books that exceed the basic necessities of life and work, and attending general public universities is not included.

In the final analysis, restricting high consumption by calling friends is not the right to go to school, but the right of the "old lai" to dispose of property freely.

The premise of enjoying one's rights is to abide by the relevant laws, in fact, this also reminds the "lai" that the scope of high consumption is getting wider and wider, and if you are willful to be a "lai", it may affect your children's education and employment, and the gains outweigh the losses. Take the initiative to assume your own obligations, be honest and trustworthy.

Legal basis: Article 1 of the "Decision of the Supreme People's Court on Amending Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters": Where the person subject to enforcement fails to perform the obligations set forth in the effective legal documents, and has any of the following circumstances, the people's court shall include him in the list of judgment defaulters and give him a credit punishment in accordance with law:

1) Refusal to perform obligations set forth in effective legal documents despite having the ability to perform;

2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

3) Evading enforcement by means such as sham state lawsuits, sham arbitration, or concealment or transfer of assets;

4) Violating the property reporting system;

5) Violating an order restricting spending;

6) Refusal to perform on the enforcement of a settlement agreement without a legitimate reason.

In the case of compulsory enforcement, if the person subject to enforcement is indeed incapable of performing, the court may temporarily suspend enforcement, and after the person subject to enforcement has the ability to perform, the people's court may resume enforcement at any time after the enforcement has the ability to perform.

Article 1 of the Supreme People's Court's Several Provisions on the Publication of Information on the List of Judgment Defaulters: Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters and give them credit punishments in accordance with law: (1) Refusing to perform the obligations set forth in effective legal documents despite having the ability to perform; 2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; 4) Violating the property reporting system; 5) Violating an order restricting spending; 6) Refusal to perform on the enforcement of a settlement agreement without a legitimate reason.

If there are any of the following three circumstances, the parties may apply to the court to enforce the only housing of the old man:

1.The person who has an obligation to support the person subject to enforcement has other residential houses in his name that can maintain the necessities of life.

If the person subject to enforcement has an obligation to support the person subject to enforcement, if the person subject to enforcement is a 70-year-old person and his adult children have a house, the only house of the person subject to enforcement may be enforced.

2.After the basis for enforcement takes effect, the person subject to enforcement transfers other houses in his name in order to avoid debts.

In order to escape the debt, the person subject to enforcement deliberately transfers the house and keeps only one house, in which case the only house can be enforced.

3.The applicant for enforcement provides residential housing for the person subject to enforcement and his or her dependents in accordance with the local standard for the guaranteed area of low-rent housing, or agrees to deduct five to eight years' rent from the price of the house with reference to the average rent standard of the local housing rental market.

The person subject to enforcement will be deducted from the average market rent for 5-8 years to the person subject to enforcement, and the only house can be enforced.

Legal basis] Article 6 of the Provisions on the Sealing, Seizure and Freezing of Property in Civil Enforcement by the People's Courts provides that the people's court may seal up the residential houses necessary for the livelihood of the person subject to enforcement and his or her dependents, but shall not auction, sell or redeem debts.

Article 24 of the Civil Procedure Law provides that if the person subject to enforcement fails to perform the obligations determined in the legal document in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations. 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.

In cases where the person subject to enforcement cannot find the old man, and the court directly directs the property of the person subject to enforcement in accordance with law, and cannot find the old man through compulsory enforcement, the people's court may, in accordance with law, take enforcement measures such as adding the person subject to enforcement to the list of judgment defaulters and restricting his high spending, and after enforcement, the person subject to enforcement is truly incapable of performing, the court may temporarily suspend enforcement, and after the person subject to enforcement has the ability to perform, enforcement may be resumed at any time.

Article 1 of the Supreme People's Court's Several Provisions on the Publication of Information on the List of Judgment Defaulters: Where the person subject to enforcement fails to perform the obligations set forth in the effective legal documents, and has any of the following circumstances, the people's courts shall include them in the list of judgment defaulters and give them credit punishments in accordance with law: (1) They have the ability to perform but refuse to perform the obligations set forth in the effective legal documents; 2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; 4) Violating the property reporting system; 5) Violating an order restricting spending; 6) Refusal to perform on the enforcement of a settlement agreement without a legitimate reason.

Summary. First of all, it depends on what this old man has nothing, and if he does not transfer the inheritance in bad faith, it can only be deducted from his monthly income. It is relatively difficult to deduct wages if it is a private unit, but it is not absolutely impossible.

If there are no assets and no income, there is really no way to implement it, and in any case, the Executive Board will find a way.

First of all, it depends on what this old man has nothing, and if he does not transfer the inheritance in bad faith, it can only be deducted from his monthly income. If it is a private unit, it is relatively difficult to answer the sails, but it is not absolutely a lack of noise. If there are no assets and no income, it will really not be able to carry out the execution, in short, the Executive Board will find a way.

Excuse me, but please go into more detail?

After the judgment takes effect, the other party can apply to the court for enforcement if it does not perform on the date. Once enforced, the other party will be pulled into the blacklist of dishonesty first, so that the other party will be subject to many restrictions, such as children can not go to expensive schools, they can't live in hotels, take off trains and planes, etc., and they can't have high-consumption behaviors. If the other party has no income and assets, it will be more difficult to be enforced.