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Anonymous users2024-02-15Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
Legal analysis
Where the application for compulsory enforcement is inconclusive, enforcement may be temporarily suspended or terminated, and the people's court has not enforced it for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. The people's court at the level above may, upon review, order the original people's court to enforce within a certain period of time, or may decide that the court to enforce or order another people's court to enforce it", and apply to the people's court at the level above for a higher level for enforcement. However, 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 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.
What are the common methods and means of compulsory enforcement by the people's courts?
inquiry, freezing, and transferring the deposit of the person subject to the application for enforcement; withholding and withdrawing the 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; Search the property concealed by the person subject to the application for enforcement; compel the person subject to the enforcement application to deliver the property or documents specified in the legal documents; forcing the person subject to the enforcement application to move out of the house or the land; enforce the acts specified in the legal instrument; Mandatory doubling of interest on debts and payment of deferred performance penalties during the period of deferred performance; Compulsory handling of procedures for the transfer of relevant property rights and licenses; If the court's compulsory enforcement procedure is inconclusive, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a certain period of time, or have that court enforce or order another people's court to enforce it.
Legal basis
Civil Procedure Law of the People's Republic of China》 Article 226:Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
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Anonymous users2024-02-14If you ignore it, the court can also close the case. It is recommended that you cooperate with the court and apply for resumption of enforcement if you find that the defendant has new property in the future.
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Anonymous users2024-02-13What should I do if the problem has not been resolved after 6 months after applying for compulsory enforcement? Enforcement shall be carried out according to the conditions of the person subject to enforcement. If the other party has no conditions, it can only suspend the execution and wait for the conditions to be executed.
There is no panacea, only to cooperate with the court, urge more, and provide clues about the other party's property.
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Anonymous users2024-02-12Legal Analysis: After six months of enforcement, the enforcement was terminated, which may be because other plaintiffs raised objections to enforcement, believing that the enforcement had harmed his interests.
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 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.
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Anonymous users2024-02-11Summary. What should I do if the application for enforcement has not been implemented for six months?
Legal analysis: After review, the people's court at the next higher level may order the original people's court to enforce the law within a set time limit, or it may decide that this court will enforce it or order other people's courts to enforce it.
Legal basis: According to the provisions of Articles 109 and 110 of the Civil Procedure Law, five different compulsory measures may be applied to civil lawsuits and acts that obstruct trouble.
Hello adds: You need to note that you must submit an application within 1 year after the expiration of the performance period determined by the judgment. If you fail to fulfill your obligation to pay you for the goods according to the effective referee, you shall pay double the interest for the period of delayed performance.
At the same time, if the circumstances are serious, they may be sentenced to up to 3 years in prison, criminal detention or a fine.
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Anonymous users2024-02-10The people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement.
, the person applying for enforcement may apply to the people's court at the level above for enforcement. The people's court at the level above may, upon trial, order the original people's court to make a fixed decision.
Within the time limit, it may also be decided that the court will enforce it or order other people.
Court enforcement. Legal basis
Civil Litigation Law of the People's Republic of China》 Article 226: Where the people's court has not enforced it for more than six months from the date of receipt of Hu's application for enforcement, the person applying for enforcement may.
to apply to the higher people's court for enforcement. The people's court at the level above may, upon review, order the original people's court to enforce within a certain period of time, or may.
The decision is to be enforced by that court or ordered to be enforced by another people's court.
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1. Time limit for enforcement 1. 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. 2. Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of the court for approval. >>>More
What should I do if the person subject to enforcement refuses to execute the judgment of the court?
An effective certificate is required to apply for enforcement. In fact, the so-called proof of validity sometimes refers to the court's letter of transfer for execution. As long as the judge who hears the case is found after the judgment takes effect, the judge fills out a letter of transfer for enforcement, and after the president signs it, he can pay the enforcement fee in advance, and the application for enforcement is completed. >>>More
What should I do if the court enforces that the other party has no money.