How long does it take for the enforcement ruling to be enforced

1. How long does it take for the enforcement ruling to be enforced.

1. The time for the execution of the ruling shall be determined according to the following circumstances:

1) Within 15 days after the issuance of the first-instance judgment, if neither party has appealed the civil judgment, the civil judgment has taken effect, and 15 days after the judgment is issued, you can apply to the court for enforcement;

2) Within 15 days after the issuance of the first-instance judgment, if both parties or one party appeals the civil judgment, the civil judgment has taken effect after the court of second instance makes an effective judgment, and the court may apply to the court for compulsory enforcement.

2. Legal basis: Article 171 of the Civil Procedure Law of the People's Republic of China.

Where a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

2. What are the materials to be provided for applying for compulsory enforcement?

1. An application for compulsory enforcement. If the applicant is a legal person or other organization, the application for compulsory enforcement shall be stamped with the official seal; If the applicant is a natural person, the applicant shall sign the application for compulsory enforcement or put his fingerprint on the Nappi key. The application for compulsory enforcement shall not be written with a ballpoint pen and shall not be photocopied;

2. A copy of the materials proving the applicant's subject qualifications, and if the applicant is entrusted to apply for compulsory enforcement on behalf of the applicant, the entrustment materials shall be provided together. If the applicant applies for the enforcement of a non-court legal document, it shall also provide a copy of the subject qualification certificate of the respondent;

3. One original and two copies of effective legal documents with compulsory enforcement content;

4. List of clues about the respondent's property. Where preservation measures have already been taken against the property of the respondent, a copy of the civil ruling taking preservation measures shall be submitted.

After the court ruling, enforcement will be carried out 15 days after the date of service of the judgment. If the defendant fails to perform the payment obligation at that time, the judgment shall be relied upon. The application for compulsory enforcement shall be applied to the court for enforcement, and the effective period for the application for enforcement shall be two years from the date on which the judgment takes effect and is dismissed.

Legal analysisAfter the court issues a judgment, if the parties do not appeal within 15 days after receiving the judgment, the judgment takes legal effect, and both parties need to perform in accordance with the content of the judgment, and the judgment will generally clearly record the time when the obligor performs the obligation, and if the obligor does not perform the payment obligation in the judgment within the prescribed time limit, the other party may apply to the court for compulsory enforcement within two years after the judgment takes effect. Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date on which the case is filed; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed. However, the period during which enforcement is suspended shall be deducted.

Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of that court for approval. Where an application for an extension of the enforcement period is made, it shall be submitted within 5 days before the completion of the period.

Legal basisArticle 243 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform the right performance, the other party may apply to the people's court for enforcement.

Legal analysis: After it is served, that is, when the person subject to enforcement receives the ruling, it will take effect immediately.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 224: The portion of a legally effective civil judgment or ruling, as well as the portion of a criminal judgment or ruling, that is subject to enforcement is to be enforced by the first-instance people's court or the people's court at the same level as the first-instance trial court. Other legal documents that are to be enforced by the people's court as provided by law shall 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.

Legal analysis: There is no specific statute of limitations, as long as it is an effective legal instrument, it needs to be enforced. The property portion of a legally effective civil judgment or ruling, as well as the property portion of 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 where the property being enforced is located.

Legal basis: Article 224 of the Civil Procedure Law of the People's Republic of China provides that the property portion of a legally effective civil judgment or ruling, as well as the property portion of the judgment or ruling, shall be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located. 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.

After it is served, it will take effect immediately when the person subject to enforcement receives the ruling.

The relevant laws stipulate that the service of litigation documents must have a proof of service, and the person to be served shall indicate the date of receipt and sign or affix a seal on the receipt of service. The date of receipt signed by the recipient on the receipt of service is the date of delivery.

The service of litigation documents shall be directly sent to the person to be served. If the recipient is a citizen, he is not in the same adult family member who lives with him to sign for receipt; Where the recipient is a legal person or other organization, the legal person's legally-designated representative, the principal responsible person for the other organization, or the person responsible for receiving the legal person or organization shall sign for receipt; If the person to be served has a person who has litigated **, it may be sent to his **person for signature; Where the recipient has already designated a person to be collected by the people's court, it shall be sent to the recipient to sign for the receipt. The date on which the recipient's adult family members residing with the recipient, the person responsible for receiving the documents of a legal person or other organization, the person in charge of the litigation or the person receiving the service on behalf of the person receiving the document is the date of service.

Where the person to be served or his adult family members living with him refuse to accept litigation documents, the person serving them may invite the relevant basic-level organization or the unit to appear on their behalf, explain the situation, indicate the reason and date of refusal on the proof of service, and have the person serving or the witnesses sign or affix a seal, leaving the litigation documents at the residence of the person to be served; It is also possible to leave the litigation document at the residence of the person to be served, and record the process of service by means such as taking photos or videos, which is deemed to have been served.

Where it is difficult to directly serve litigation documents, they may entrust another people's court to serve them on their behalf, or serve them by mail. If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery.

Civil Procedure Law of the People's Republic of China

Article 100: People's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts, in cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary. The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.