What are the consequences of being enforced? Consequences of being enforced

The consequences of court enforcement are explained below:1. If you have the ability to perform but refuse to do so, the court will enforce the property under your name, and you will be detained or fined, and if the circumstances are serious, it may constitute a crime and you need to bear criminal responsibility in accordance with the law;

2. "Forcibly moving out of the house or withdrawing from the land" refers to an enforcement measure in which the enforcement agency of the people's court forcibly relocates the property of the person subject to the application for enforcement in the house or on specific land, vacates the house or land, and hands it over to the person applying for enforcement;

3. Inquiry, freeze and transfer the deposit of the person subject to the application for enforcement;

4. Withholding and withdrawing the income of the person subject to the application for enforcement;

5. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

If it is enforced, it will have the following consequences: 1. If you have the ability to perform but refuse to execute, the court will enforce your real estate, car and other property, and you will be detained or fined, and if the circumstances are serious, it is suspected of constituting the crime of refusing to execute the judgment. 2. "Forcibly moving out of the house or withdrawing from the land" refers to an enforcement measure in which the enforcement agency of the people's court forcibly relocates the property of the person subject to the application for enforcement in the house or on specific land, vacates the house or land, and hands it over to the person applying for enforcement;

3. Inquiry, freeze and transfer the deposit of the person subject to the application for enforcement; 4. Withholding and withdrawing the income of the person subject to the application for enforcement; 5. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

This kind of business has relatively high requirements for lawyers, not only to understand property investigation, but also to understand the process and details of the court's handling of enforcement cases. The lawyer teams that have done better enforcement in China, such as Xu Baotong in Shanghai and Feng Qihui in Beijing, have more than 10 years of practice experience. There are also detailed descriptions in it.

Legal analysis: 1. When the court enforces the law, it will inquire about the property in the name of the debtor in accordance with the law, and the court has the right to freeze and allocate the deposits and 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. 2. If there is no property in the name that can be used for enforcement and refuses to perform the effective judgment, there will be negative information about overdue repayment recorded in the credit report, and will be restricted from high consumption and entry and exit, and will be judicially detained.

Legal basis: "Company Law of the People's Republic of China" Article 5 The company engaged in business activities must comply with laws and administrative regulations, abide by social morality and business ethics, be honest and trustworthy, accept the supervision of the public and assume social responsibility. The legitimate rights and interests of the company are protected by law and are not infringed.

Legal Analysis: Enforce in accordance with the legal instruments in force. If you have the ability to perform but refuse to do so, the court will enforce your real estate, car and other property, and you will be detained or fined, and if the circumstances are serious, it is suspected of constituting the crime of refusing to execute the judgment.

If there is indeed no ability to perform and no property that can be enforced, the court has no choice.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China: Where a people's court has the ability to enforce a judgment or ruling 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.

The consequences of court enforcement are explained below:1. If you have the ability to perform but refuse to do so, the court will enforce the property under your name, and you will be detained or fined, and if the circumstances are serious, it may constitute a crime and you need to bear criminal responsibility in accordance with the law;

2. "Forcibly moving out of the house or withdrawing from the land" refers to an enforcement measure in which the enforcement agency of the people's court forcibly relocates the property of the person subject to the application for enforcement in the house or on specific land, vacates the house or land, and hands it over to the person applying for enforcement;

3. Inquiry, freeze and transfer the deposit of the person subject to the application for enforcement;

4. Withholding and withdrawing the income of the person subject to the application for enforcement;

5. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

1. What are the consequences of the other party being enforced by the court?

1. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law;

2. In addition, if he has no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

3. In cases where there is a capacity but refusal to enforce, it is suspected of the crime of refusing to enforce a judgment or ruling.

2. How does the court enforce it?

1. Withdraw or withhold the respondent's savings deposits or wages and other labor income. If the unit to which the person subject to enforcement belongs is requested to assist in deducting it from the salary on a monthly basis;

2. Sealing, seizing, freezing, or selling the respondent's property. This refers to the fact that after the property is sealed or seized, the executor orders the person subject to enforcement to perform the obligations determined by law within a specified period. If performance is not made within the time limit, the court may, in accordance with regulations, hand over the sealed or seized property to the relevant unit for auction or purchase.

3. Fees to be paid for applying for compulsory enforcement.

1. Execution fee.

Payment standard: If the execution amount or price is less than 10,000 yuan, 50 yuan per piece; 10,000 yuan to 500,000 yuan, according to the execution amount or 5/1000 of the price; If it is more than 500,000 yuan, it shall be paid according to one-thousandth of the execution amount or price, plus 2,000 yuan.

2. Other actual expenses incurred during the application process.

Such as: transportation, accommodation and other expenses.

Legal basis: Measures for Payment of Litigation Costs

Article 10: A party applying to the people's court for the following matters shall pay the application fee in accordance with the law: (1) applying for the enforcement of the legally effective judgment, ruling or mediation document of the people's court, the ruling and mediation document made by the arbitration institution in accordance with the law, and the creditor's rights document with compulsory enforcement effect given by the notary public in accordance with the law; (2) applying for preservation measures; (3) apply for a payment order; (4) Applying for publicity and reminders; (5) applying for revocation of the arbitral award or determination of the validity of the arbitration agreement; (6) Applying for bankruptcy; (7) Application for maritime injunctions, general average adjustments, establishment of limits on maritime liability**, registration of maritime claims, and reminders of ship priority; (8) Application for recognition and enforcement of foreign court judgments and rulings and awards of foreign arbitration institutions.

Article 20: The case acceptance fee shall be paid in advance by the plaintiff, a third party with independent claims, and the appellant. Where the defendant raises a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, the defendant is to pay it in advance. Cases of recourse to labor remuneration may not be required to pay the case acceptance fee in advance.

The application fee is to be paid in advance by the applicant. However, the application fee specified in Article 10 (1) and (6) of these Measures shall not be paid in advance by the applicant, but shall be paid after the execution of the application fee and the bankruptcy application fee shall be paid after liquidation.

The fees specified in Article 11 of these measures shall be paid after the actual occurrence.

To sum up, we can understand that if you have the ability to refuse to execute, you are suspected of refusing to execute a judgment or ruling.

The consequences of being enforced are as follows: 1. If you have the ability to perform but refuse to do so, the people's court will enforce the property under your name and will be detained or fined. where the circumstances are serious, it may constitute a crime and need to bear criminal responsibility in accordance with law.

where there is a capacity to enforce a people's court's judgment or ruling 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, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; 2. "Forcibly moving out of the house or withdrawing from the land" refers to an enforcement measure in which the enforcement agency of the people's court forcibly relocates the property of the person subject to the application for enforcement in the house or on specific land, vacates the house or land, and hands it over to the person applying for enforcement;

[Legal basis]:Criminal Law of the People's Republic of China

Article 313where there is a capacity to enforce a people's court's judgment or ruling 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, a sentence of between three and seven years imprisonment and a concurrent fine is to be given;

The consequences of being enforced are as follows:1. Property restrictionsProperty is to be sealed, seized, frozen, auctioned, sold, and so forth, and may be searched for domiciles and business premises.

2. Penalty interestDouble the interest paid on the debt for the period of delay in performance.

3. Restrictions on leaving the countryRestrict persons subject to enforcement, legally-designated representatives, and principal responsible persons from leaving the country.

4. Detention and finesIf the person subject to enforcement refuses to report or falsely reports his assets, he may be fined or detained.

5. Criminal evaluationViolent refusal to enforce the law, reaching a certain circumstance, constitutes a criminal offense.

6. Limit high consumption[Legal basis]:

Article 243 of the Civil Procedure LawIf 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 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.

Article 244 of the Civil Procedure LawWhere 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.

The consequences of court enforcement are explained below:1. If you have the ability to perform but refuse to do so, the court will enforce the property under your name, and you will be detained or fined, and if the circumstances are serious, it may constitute a crime and you need to bear criminal responsibility in accordance with the law;

2. "Forcibly moving out of the house or withdrawing from the land" refers to an enforcement measure in which the enforcement agency of the people's court forcibly relocates the property of the person subject to the application for enforcement in the house or on specific land, vacates the house or land, and hands it over to the person applying for enforcement;

3. Inquiry, freeze and transfer the deposit of the person subject to the application for enforcement;

4. Withholding and withdrawing the income of the person subject to the application for enforcement;

5. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

Legal analysis: The consequences of court enforcement are: 1. When the court enforces, it will inquire into the debtor's name in accordance with the law.

The court has the right to freeze and transfer the deposits and 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. 2. If there is no property available for enforcement in the name and refuses to perform the effective judgment, there will be negative information about overdue repayment recorded in the credit report and will be restricted from high consumption and entry and exit, and will be judicially detained. 3. Those who have the ability not to enforce are suspected of committing the crime of "refusing to enforce a judgment or ruling".

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 74: People's courts, people's procuratorates, and public security organs may place criminal suspects or defendants under residential surveillance in any of the following circumstances who meet the requirements for arrest;

1) Suffering from a serious illness and unable to take care of themselves;

2) Women who are pregnant or breastfeeding their own infants;

3) is the sole supporter of a person who is unable to take care of himself;

4) Because of the special circumstances of the case or the need to handle the case, it is more appropriate to employ residential surveillance;

5) The period of detention is complete, the case is still complete, and it is necessary to employ residential surveillance.

Where the requirements for release on guarantee pending further investigation are met, but the criminal suspect or defendant is unable to provide a guarantor or pay a guarantee deposit, residential surveillance may be met.

Residential surveillance is carried out by the public security organs.

The consequences of court enforcement are explained below:1. If you have the ability to perform but refuse to do so, the court will enforce the property under your name, and you will be detained or fined, and if the circumstances are serious, it may constitute a crime and you need to bear criminal responsibility in accordance with the law;

2. Forcibly moving out of the house or withdrawing from the land refers to an enforcement measure in which the enforcement agency of the People's Court of Xianzhou Hunger forcibly relocates the property of the person subject to the application for enforcement in the house or on the land of a specific trace, vacates the house or the land to return to the land, and hands it over to the person applying for enforcement;

3. Inquiry, freeze and transfer the deposit of the person subject to the application for enforcement;

4. Withholding and withdrawing the income of the person subject to the application for enforcement;

5. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

The consequence of being enforced is that the court will seal, seize, freeze, auction and sell the part of the property that the person subject to enforcement should perform its obligations. If there is the ability to enforce the law and refuses to do so, they will be detained or fined, and if the circumstances are serious, it is suspected of constituting the crime of refusing to enforce the judgment, and criminal responsibility shall be pursued in accordance with law.

[Legal basis]:

Article 242 of the Civil Procedure Law, 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 Cavity Rubber Filing Court has the right to inquire about the property of the person subject to enforcement, such as 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' inquiries, seizures, freezing, allocation, or sale of unscrupulous property must not exceed the scope of the obligations that the person subject to enforcement shall perform.

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

The consequences of compulsory enforcement by the court are as follows: 1. When the court enforces, it will inquire about the property in the name of the debtor in accordance with the law, and the court has the right to freeze and transfer the deposit and collect large 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. 2. If there is no property available for enforcement in the name and the effective judgment is refused, there will be negative information about overdue repayment recorded in the credit report, and will be restricted from high consumption and entry and exit, and will be judicially detained.

3. Those who have the ability not to enforce are suspected of committing the crime of "refusing to enforce a judgment or ruling". 4. In accordance with the provisions of Article 313 of the Criminal Law, if a person refuses to enforce a judgment or ruling of a people's court if he has the ability to enforce it, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.