Can a creditor of 100,000 execute the debtor s 1 million real estate

A creditor of 100,000 yuan may enforce the debtor's 1 million real estate, but the people's court's inquiry, seizure, freezing, allocation, or sale of property shall not exceed the scope of the obligations that the person subject to enforcement shall perform.

Legal analysis

The sealing, seizure, or freezing of the property of the person subject to enforcement shall be limited to the amount sufficient to pay off the amount of the obligatory rights and enforcement costs determined in the legal documents, and shall not be sealed, seized, or frozen in an amount that clearly exceeds the standard. Where it is discovered that the amount exceeding the standard amount is sealed, seized, or frozen, the people's court shall, on the basis of the application of the person subject to enforcement or ex officio, promptly lift the sealing, seizure, or freezing of the part of the property that exceeds the standard, except where the property is indivisible and the person subject to enforcement has no other property available for enforcement, or other property is insufficient to pay off debts. It is clarified that if the subject of enforcement is the residential housing necessary for the person subject to enforcement and his or her dependents to maintain their lives, enforcement may be exempted.

However, it does not mean that as long as the person subject to enforcement has only one house, the enforcement will be stopped. The law stipulates that if the only house in the name of the person subject to enforcement exceeds the scope of the necessities of the person subject to enforcement and the family members he supports, the people's court can enforce it, but the law does not have a clear standard. The court guarantees the right of residence, not ownership, which is necessary for the survival of the person subject to enforcement and his or her family.

If the debtor's sole home is to maintain the living house necessary for the family, the debtor may be exempted from enforcement.

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 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.

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.

This decision should be due to the court's decision, whether the 100,000 creditor's rights can be enforced, the 1 million court will generally not support, as a creditor, you only need to apply to the court for enforcement, as for how to enforce is the court's business.

If you owe 50,000 yuan, you can execute a property worth 1 million yuan. However, there are several issues that need to be paid attention to.

1. The legal enforcement conditions must be met.

2. During the enforcement process, the court may auction or otherwise dispose of the property.

3. If the house is the only home of the other party and the only enforceable property, it may be more troublesome.

4. If there are other properties that are easier to enforce, it is recommended to give priority to the easier ones to enforce.

If the person subject to enforcement and his family cannot be contacted during the court enforcement, it means that the person subject to enforcement and his family do not live in the house and have another residence, and it cannot be proved that the only house of the person subject to enforcement can be enforced in accordance with the law. 2. If it is indeed the only house, the court can still dispose of the house in accordance with the law through appraisal and auction, and the proceeds shall be handed over to the applicant as enforcement money within the enforcement limit, and the balance shall still belong to the person subject to enforcement after deducting the execution fees and the expenses of assessment, auction and announcement.

Article 20 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts.

In the enforcement of monetary claims, if one of the following circumstances is met, and the person subject to enforcement raises an objection on the grounds that the subject matter of enforcement is the residential house necessary for the maintenance of life by himself and his dependents, the people's court will not support it:

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;

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

3) The person applying 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. Where the basis for enforcement determines that the person subject to enforcement has delivered a house for residence, a grace period of three months has been given since the date of service of the enforcement notice, and the person subject to enforcement raises an objection on the grounds that the house is necessary for him and his family members to maintain his or her life, the people's court will not support it.

If the debt of 50,000 yuan is not repaid, if the debtor has no other property, he can request the court to preserve his real estate of 1 million yuan. However, whether or not to seal it up is up to the court to decide on the basis of the actual circumstances.

If you encounter a debt of 50,000 yuan owed by others and do not repay it, the creditor should keep the specific evidence, and when the repeated reminders are invalid, you should file a lawsuit with the court within the statute of limitations. According to the provisions of the Civil Procedure Law of the People's Republic of China, preservation is limited to the scope of the request or the property related to the case. Therefore, it is up to the court to decide whether to seize the defendant's property after a lawful prosecution is to be decided by the court on the basis of the actual circumstances.

Legal basisArticle 105 of the Civil Procedure Law of the People's Republic of China provides that preservation is limited to the scope of the request or property related to the case.

Article 106 of the Civil Procedure Law of the People's Republic of China: Property preservation is to employ sealing, seizure, freezing, or other methods prescribed by law. After the people's court preserves property, it shall immediately notify the person whose property is being preserved. Where assets have already been sealed or frozen, they must not be sealed or frozen repeatedly.

Theoretically, yes. Although the laws of our country stipulate that when sealing, seizing, or freezing the property of the person subject to enforcement, it shall not be sealed, seized, or frozen in a significantly excess amount. However, there are exceptions, when the property is indivisible and the person subject to enforcement has no other property available for enforcement or other property is insufficient to pay off the debt, the property may be sealed, seized or frozen.

Summary. Auctions can be held to pay off debts. According to article 21 of the Provisions of the Supreme People's Court on Sealing, Seizure and Freezing in Civil Enforcement, if it is found that the amount exceeding the standard amount is sealed, seized or frozen, the people's court shall, on the basis of the application of the parties or ex officio, promptly lift the sealing, seizure or freezing of the part exceeding the standard, except where the property is indivisible and the person subject to enforcement has no other property available for enforcement or other property is insufficient to pay off the debt.

Auctions can be held to pay off debts. According to article 21 of the Provisions of the Supreme People's Court on Sealing, Seizure and Freezing in Civil Enforcement, if it is found that the amount of sealing, seizure or freezing exceeds the standard, the people's court shall, on the basis of the application of the parties or ex officio, promptly lift the sealing, seizure or freezing of the part that exceeds the standard, except where the property is indivisible and the person subject to enforcement has no other property available for enforcement or other property is insufficient to pay off the debt.

In addition, in the Changhu practical case, the Dongchun real estate will first be seized, and if the person subject to enforcement has no other property to enforce the order, then the property will eventually be auctioned to pay off the debt.