What should I do if I don t have property in my name, what should I do if I don t have property in m

Updated on society 2024-07-15
3 answers
  1. Anonymous users2024-02-12

    If the lai has no property in his name, he may collect clues on the lai's other assets, such as whether the property of his spouse, children, or parents is related to the lai, and after collecting the clues, he may file a lawsuit with the court and include the lai in the list of judgment defaulters. When Lai is listed as a dishonest person subject to execution, he will be:

    1. Enforce the deposit of the person subject to the application for enforcement;

    2. Enforce the income of the person subject to the enforcement application;

    3. Enforce the property of the person subject to the application for execution;

    4. Enforce movable property such as vehicles of the person subject to enforcement;

    5. Enforce the accounts receivable and other property of the person subject to enforcement;

    6. Enforce the land, real estate and other immovable properties of the person subject to the application for enforcement;

    7. Compel the person subject to the application for enforcement to return specific property;

    8. Double the payment of interest on the debt during the period of delay in performance and the payment of the penalty for delayed performance;

    9. Fines, detention and other compulsory measures;

    10. Restrictions on entry and exit, etc.

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

    Article 241:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, they shall report on their current and property situation in the year prior to receiving the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

    Article 242: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 inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

    When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

  2. Anonymous users2024-02-11

    If the old man has no property in his name, he should first file a lawsuit with the court. Investigate the true condition of their assets through the courts. Discover whether there were co-debtors at the time of the debt relationship.

    It is possible to check whether the property in the name of the relative has been transferred after the debt relationship. If so, you can apply for enforcement. If the parties cannot be found, all the assets of the debtor cannot be investigated.

    If there is no property in the name to be enforced, and the court judgment is refused, then negative information such as overdue repayment will be recorded in the personal credit report, restricting high consumption and immigration, and may even be detained by the judicial authorities.

    Legal basisArticle 2 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters.

    Where persons subject to enforcement have the circumstances provided for in items 2 through 6 of article 1 of these Provisions, the period for inclusion in the list of judgment defaulters is 2 years. Where the person subject to enforcement uses violence or threats to obstruct or resist enforcement, or has multiple untrustworthy conduct, it may be extended for 1-3 years.

    Where judgment defaulters actively perform the obligations set forth in effective legal documents or take the initiative to correct untrustworthy conduct, the people's courts may decide to delete information on untrustworthiness in advance.

    What is the process for suing a scumbag?

    1. The complaint shall be submitted, and the corresponding number of copies shall be submitted according to the number of opposing parties;

    2. If the parties are citizens, the names, genders, ages, places of origin and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be indicated;

    3. The parties submit written proof to the court;

    4. Within seven days, those who meet the conditions for filing a case shall go through the formalities for filing a case; where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it;

    5. Pay the case acceptance fee and other litigation fees in advance within seven days;

    6. After the case filing formalities, the case will be scheduled by the court**.

  3. Anonymous users2024-02-10

    Legal analysis: If there is no property in Lai's name, clues on Lai's other property can be collected, such as whether the property of his spouse, children, and parents is related to Lai, etc., and after collecting clues, he can file a lawsuit with the court and include Lai's judgment defaulter in the list of judgment defaulters.

    Legal basis: Civil Procedure Law of the People's Republic of China Article 3: Scope of application: The provisions of this Law apply to people's courts accepting civil lawsuits raised by citizens, legal persons, and other organizations, as well as between them due to property and personal relationships. Article 241:Where the person subject to enforcement has the obligation to report on property, the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, and shall report on the current and property situation in the year prior to the date of receipt of the enforcement notice.

    Where the person subject to enforcement refuses to report or makes a false report, the people's court may, on the basis of the severity of the circumstances, fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the person directly responsible.

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