If you don t pay back the money, you don t have any property in your name, how can you enforce it

If the creditor does not repay the money and has no property in his name, the creditor needs to collect clues about the debtor's property, or apply to the court for collection, and if the property is collected, it can apply for compulsory enforcement. **After the trial, if the debtor has no property in his name, the creditor needs to collect clues about the debtor's property, or apply to the court for collection, and if the property is collected, it will be enforced, and if there is indeed no property available for enforcement, the court will suspend the execution or terminate the execution. After the person subject to enforcement obtains new property or the court has clues about the new property of the person subject to enforcement, the court will enforce the law.

Interpretation of the Supreme People's Court on the Application of the "Civil Procedure Law of the People's Republic of China" Article 519:Where no property is found to be available for enforcement after a property investigation, a ruling may be made to terminate the enforcement procedure after the person applying for enforcement signs and confirms it or the enforcing court forms a collegial panel to review and verify it and is approved by the court president. After enforcement is terminated in accordance with the provisions of the preceding paragraph, if the person applying for enforcement discovers that the person subject to enforcement has property that can be used for enforcement, he may apply for enforcement again. Re-application is not subject to the limitation period for the application for enforcement.

Article 538 of the Civil Code of the People's Republic of China Where the debtor disposes of property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extends the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

Lai's behavior will be added to the list of judgment defaulters.

In any of the following circumstances, the people's court 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 the settlement agreement without a legitimate reason.

If the court has truly lost the ability to repay, and the court has no enforceable property through enforcement and inquiry, it is not a lai, and it can explain the situation to the court and obtain the court's approval, and it will generally not be included in the list of dishonest persons. To repay debts and fulfill legal obligations, one must look at the ability and the other depends on the attitude. If the court finds that it is a reliever, it is generally a person who has the corresponding ability to repay and does not actively perform the repayment obligation.

The "Notice on Implementing Work Related to Appropriately Restricting Specified Seriously Untrustworthy Persons from Riding Trains and Civil Aircraft for a Set Period of Time" stipulates that 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) where 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 the settlement agreement without a legitimate reason.

Legal analysis: It is necessary to make a specific analysis based on the actual situation, where there is really no money, enforcement can be suspended, and enforcement can be carried out after it can be enforced, and where there are other circumstances that the people's court deems should be terminated, enforcement may be terminated, and those who maliciously owe money are guilty of criminal punishment and are suspected of refusing to enforce a judgment or ruling.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China.

For the crime of refusing to enforce a judgment or ruling, where there is a capacity to enforce a judgment or ruling of a people's court but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Article 256 of the Civil Procedure Law of the People's Republic of China.

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 credible objection to the subject matter of enforcement;

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

4) The 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.

Article 257.

In any of the following circumstances, the people's court shall rule to terminate enforcement: (1) the applicant withdraws the application; (2) The legal document on which enforcement is based has been revoked; (3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation; (4) The person with rights in a case of recourse for alimony, alimony, or child support is deceased; (5) Citizens who are judgment debtors are unable to repay loans due to difficulties in life, have no income, and lose the ability to work; (6) Other circumstances where the people's court finds that enforcement should be terminated.

They may apply to the people's court to take compulsory enforcement measures, such as seizing, freezing, or transferring their assets. If there is no property that has not been enforced, it may apply to the people's court for the withdrawal of its labor income or the enforcement of its creditor's rights against others. If the person subject to enforcement has no enforceable property, the court will rule to suspend the enforcement and continue the enforcement when there is any enforceable property.

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

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 into the relevant units about the property of the person subject to enforcement, such as false deposits, bonds, and shares. 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 person subject to enforcement's due diligence to perform their obligations.

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.

Article 243: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 should have performed the obligation. 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 244: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 part 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.

If you don't pay back the money and have no property in your name, the method of implementation is as follows:

1. When the property is carried in the name of the old man, the creditor can apply to the court to investigate the debtor's property and whether there is any malicious transfer of property;

2. If there is, the right of revocation may be exercised or the transferee may be added as the person subject to enforcement.

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 them in the list of judgment defaulters, and give them credit punishments in accordance with law:

1. Refusal to perform the obligations determined in effective legal documents despite the ability to perform;

2. Obstructing or resisting enforcement by means of fabricating evidence, violence, threats, etc.;

3. Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property;

4. Violation of the property reporting system;

5. Violation of the consumption restriction order;

6. Refusal to perform the execution of the settlement agreement without justifiable reasons.

Legal basisArticle 538 of the Civil Code of the People's Republic of China.

Where the debtor disposes of property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extending the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

Article 539.

If the debtor transfers property at an obviously unreasonable low price, transfers property at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the situation, the creditor may request the people's court to revoke the debtor's act.