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If the lawsuit is won, if neither the original defendant nor the defendant files an appeal within the statutory time, then the court ruling has already taken legal effect, and then it enters the enforcement stage, that is, the winning party can apply to the court enforcement bureau for enforcement, in this case, as long as the defendant has the subject matter available for enforcement, it can be enforced, and the winning party's litigation subject matter and the litigation costs awarded to be borne by the defendant can be enforced.
Of course, if the other party is penniless, then it is temporarily unenforceable, and the court will suspend the enforcement according to the circumstances or ruling.
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You are the plaintiff, and you have to pay the legal fees first. When the court decides in your favor, it will state in the judgment that the defendant will bear the costs of accepting the case. If the defendant is a recumbent and is unwilling to bear the obligations set forth in the judgment, you may apply to the court of first instance for compulsory enforcement in accordance with the provisions of the Civil Procedure Law, including requiring the defendant to bear the case acceptance fee.
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Since you win the lawsuit and you don't have to be afraid of all the money you owe, and the other party doesn't pay the money you owe, you can ask the court to enforce the money you owe.
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You can apply to the court for enforcement, and the court will recover all the fees paid by the respondent.
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Then apply for enforcement, that's all there is to it, I'm really looking forward to it
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The litigation fee depends on the amount of the subject matter and is charged according to the amount of the subject matter. Who bears the costs depends on what kind of lawsuit it is, and it is generally decided by the court.
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1. How to get back the litigation fees paid by the plaintiff.
1. Go directly to the undertaker to go through the refund procedures, and it can be returned. The court will make a judgment that the defendant shall bear the litigation costs, and if the plaintiff has paid the defendant to the plaintiff in advance, if the subject matter of the case needs to be enforced, the enforcement judge will also enforce the litigation costs.
2. Legal basis: Article 29 of the Measures for Payment of Litigation Costs.
The litigation costs shall be borne by the losing party, except where the winning party voluntarily bears them. Where the case is partially won and the case is partially lost, the people's court is to decide on the basis of the specific circumstances of the case, the amount of litigation costs to be borne by each of the parties. Where the parties to the joint litigation lose the lawsuit, the people's court shall decide on the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.
2. Whether the plaintiff or the defendant shall pay the litigation costs.
Whether the plaintiff or the defendant pay the litigation fee depends on the situation. Normally, the civil litigation costs are borne by the plaintiff, because the defendant's behavior caused the plaintiff's losses, so the plaintiff believes that the litigation costs should be borne by the defendant, which can be written in the indictment, and who bears it in the end depends on the court's judgment. If it's a special case:
1. If the parties request to win the lawsuit partially and lose the lawsuit partially, the parties shall bear the burden in proportion to their responsibilities;
2. Cases that have reached an agreement through mediation shall be borne by both parties through negotiation;
3. In the case of withdrawal of the lawsuit, the plaintiff shall bear the burden, but the fee shall be reduced by half; In cases where the lawsuit is dismissed, the plaintiff bears the burden.
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The litigation fees advanced by the plaintiff can be directly claimed from the defendant when applying for enforcement.
The litigation fees paid by the plaintiff in advance shall be borne according to the content of the judgment after the judgment. If the judgment is borne by the defendant, the plaintiff may apply to the court for a refund of the litigation fees paid in advance, or may directly claim from the defendant when applying for enforcement. Litigation fees refer to the fees that the parties should pay for initiating litigation procedures with the people's courts, including case acceptance fees and other litigation fees.
The litigation fees that the parties shall pay to the people's court include:
1. Case acceptance fee;
2. Application fee;
3. Transportation, lodging, living expenses, and compensation for lost work incurred by witnesses, evaluators, translators, and adjusters appearing in court on the date designated by the people's court.
Legal basis] Measures for Payment of Litigation Costs
Article 7: Case acceptance fees include:
1) First-instance case acceptance fees;
2) Second-instance case acceptance fees;
3) In retrial cases, the case acceptance fee that needs to be paid in accordance with the provisions of these Measures. Article 10: Parties applying to the people's court for the following matters in accordance with law shall pay the application fee:
1) Applying for enforcement of legally effective judgments, rulings and mediation documents of the people's courts, rulings and mediation documents made by arbitration institutions in accordance with law, and creditor's rights documents that have been given compulsory enforcement effect by notary institutions in accordance with law;
2) applying for preservation measures;
3) apply for a payment order;
4) Application for publicity and reminder;
5) apply for revocation of the arbitral award or determination of the validity of the arbitration agreement;
6) Filing for bankruptcy;
7) Application for maritime injunctions, general average adjustments, establishment of limits on liability for maritime claims**, 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 13: In property cases, on the basis of the amount or value of the litigation claims, the following proportions are to be paid cumulatively:
1) If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;
2) The part exceeding 10,000 yuan to 100,000 yuan shall be paid in accordance with the payment;
3) The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2;
4) The part exceeding 200,000 yuan to 500,000 yuan shall be paid in accordance with the payment;
5) The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1;
6) The part exceeding 1 million yuan to 2 million yuan shall be paid in accordance with the payment;
7) The part exceeding 2 million yuan to 5 million yuan shall be paid in accordance with the payment;
8) The part exceeding 5 million yuan to 10 million yuan shall be paid in accordance with the payment;
9) The part exceeding 10 million yuan to 20 million yuan shall be paid in accordance with the payment;
10) The part exceeding 20 million yuan shall be paid in accordance with the payment.
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Legal Analysis:1If the defendant has no money, he may apply to the people's court for a delay, reduction, or waiver of payment in accordance with regulations.
2.If the defendant has money but deliberately fails to pay it, it can be enforced.
Legal basis: Suspected reference to the Civil Procedure Law of the People's Republic of China
Article 118:Parties conducting civil litigation shall pay case acceptance fees in accordance with provisions. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with the regulations of the property case.
Where the parties are truly difficult to pay the litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment in accordance with provisions.
The measures for collecting litigation costs shall be formulated separately.
Article 249:Paragraph 3:Where relevant citizens are in possession of such property or tickets, the people's court is to notify them to hand them over. where they refuse to hand it over, they are to be enforced.
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