How to write an application for civil enforcement

Updated on society 2024-08-06
4 answers
  1. Anonymous users2024-02-15

    The courts have templates, fixed formats, and just take the judgment and go to it. Thank you.

  2. Anonymous users2024-02-14

    Legal analysis: An application for compulsory enforcement is a document used by a citizen, legal person or other organization to apply to the people's court with jurisdiction to order the other party to perform its obligations in accordance with the legal documents that have taken effect when the other party refuses to perform the obligations determined by the judgment.

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

  3. Anonymous users2024-02-13

    Requests: 1. Request the court to take compulsory enforcement measures in accordance with the law and order the respondent to perform the obligations determined in the (2018) Hunan Min Chu Civil Mediation Document;

    2. Request the respondent to double the interest on the debt during the period of delayed performance;

    3. The respondent shall bear the costs of enforcement in this case.

    Facts & Reasons:

    The case of a private loan contract dispute between the applicant and the respondent was rendered by the Yueyang Court of the provincial and municipal governments on xx/xx/xx (Xiang Min Chu Civil Mediation Statement, the mediation content was that the respondent still owed the applicant the principal of the loan as of xx/xx/xx, and the interest had been paid at a monthly interest rate of 2% until 31/xx; Within seven days from the date of signing the mediation agreement, the respondent shall pay the principal of the loan to the applicant in a lump sum, and pay the interest on the loan at a monthly interest rate of 2% until the date of actual repayment; The case acceptance fee shall be borne by the respondent on a voluntary basis. Therefore, in order to safeguard the legitimate rights and interests of the applicant and the seriousness of the effective documents of the court, the applicant hereby submits an application in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China to request the people's court to enforce it in accordance with law.

    The respondent can provide clues for the execution of property: 1. The respondent enjoys bankruptcy claims in the real estate development of the city (the legal representative is Yun); 2. The respondent has other rights in the real estate certificate number of the city **** is the Yuefang Warrant District No. 1 real estate (the actual owner is Yun).

    Sincerely. Yueyang People's Court of XX City.

    Executor of the application:

    YYYYYYYYYYYYYYYYY

    Legal basis: Article 242 of the Civil Procedure Law of the People's Republic of China: If the person subject to enforcement fails to perform the obligations set forth in the legal document 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. The people's court has the right to balance the seizure, freezing, transfer, or sale of 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.

  4. Anonymous users2024-02-12

    Summary. Hello The application for enforcement shall indicate the following contents: 1. The identity information of both the applicant for enforcement and the person subject to enforcement; 2. The basis for applying for enforcement, the items requested for enforcement (shall not exceed the content of the obligations determined in the effective legal documents), and if money is required, the specific amount shall be indicated; 3. The basic facts of the other party's failure to perform its obligations after the judgment takes effect and the reasons for applying for enforcement; 4. The signature or seal of the person applying for execution; 5. All clues (if any) about the property of the person subject to enforcement that it has learned should be listed, so that the court can carry out follow-up enforcement work such as sealing, seizure, and freezing.

    Hello The application for enforcement shall indicate the following contents: 1. The identity information of both the applicant for enforcement and the person subject to enforcement; 2. The basis for the enforcement of the judgment and the matters requested for enforcement (shall not exceed the content of the obligation determined in the effective legal document), and if the money is to be paid, the specific amount shall be indicated; 3. The basic facts of the other party's failure to perform its obligations after the judgment takes effect and the reasons for applying for enforcement; 4. The signature or seal of the person applying for execution; 5. All clues (if any) about the property of the person subject to enforcement that it has learned should be listed, so that the court can carry out follow-up enforcement work such as sealing, seizure, and freezing.

    Legal basis: Article 231 of the "Fingers of the Civil Judgment and Sail Procedure Law" provides that the failure of a legally effective civil judgment or ruling, as well as the property portion of the criminal 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.

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