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Hello, to the problem you described, the lawyer replied as follows:
First of all, if the obligor does not enforce the effective legal document, it can apply to the court for compulsory enforcement.
Second, if the person subject to enforcement has no property available for enforcement, the court will suspend the enforcement, and the enforcement can be resumed when the other party has the ability to enforce.
Third, for refusal to enforce court rulings, there will be judicial detention or even suspected of refusing to enforce effective civil judgment documents.
Fourth, don't worry, this situation is like a bad debt of the bank, but as long as he has the ability to work, he can be held accountable for the performance of legal documents. Blessing!
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The transfer of property to the name of a relative after the judgment is a typical act of transferring property.
The property to be seized is first and foremost the property that you have transferred to your daughter's name. If the implementation is not enough. If the remaining amount is about the same as the value of your daughter's house. After investigation, it is still your capital to buy, and this suite will also be seized.
Article 313 of the Criminal Law: Where a people's court's judgment or ruling is capable of being enforced, 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.
Article 314: [Crime of Illegally Disposing of Sealed, Seized or Frozen Property] Concealing, transferring, selling, or intentionally destroying property that has been sealed, seized, or frozen by judicial organs, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or a fine.
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Article 1 of the Provisions of the Supreme People's Court on Issues Concerning the Scope of Civil Litigation Attached to Criminal Cases stipulates that: "Where a person suffers material losses due to the infringement of his personal rights or property is destroyed by a criminal and suffers material losses, he may file a civil lawsuit attached to the criminal case. Where the victim raises an attached civil lawsuit due to mental leakage losses due to criminal conduct, the people's court will not accept it.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 77: Where victims suffer material losses as a result of the defendant's criminal conduct, they have the right to initiate attached civil litigation in the course of criminal proceedings. If there is a loss of state property or collective property, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.
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Write down the time, place, person who hit you, and the reason, and then write down what losses you have suffered, and ask the beater to compensate you for the loss, including medical expenses, lost work expenses, transportation expenses, nutrition expenses, and disability compensation if you are disabled, and if you are disfigured, you must have mental damages, and the expenses should be written reasonably, and you can't open your mouth, otherwise the court will not support your request.
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Just write in the medical expenses for your injury, lost work expenses, and other expenses that you think need to be compensated.
I'm a lawyer, and as you said, go to a local law firm and ask a lawyer to write it.
When appealing, the litigation fee is paid in advance by the party appealing, and generally the court of first instance will give you one from the provincial court, and you can directly put the money into this, and then take the receipt and hand over the appeal petition and other things to the court of first instance and wait for the notice of the provincial high court.
Suspects.
Code of Criminal Procedure >>>More
Legal analysis: 1. The civil lawsuit attached to the criminal case shall be filed before the first-instance judgment is pronounced after the criminal case is filed. 2. In general, an attached civil lawsuit shall be filed, clearly stating the circumstances of the parties, the details of the case, and the specific litigation claims, and the corresponding evidence shall be submitted. >>>More
In fact, there is no need to file an incidental civil lawsuit, although the court does not charge a legal fee. It is recommended that the judge handling the case be contacted in a timely manner to learn about the progress of the case, and that when the court makes a judgment, it will be written in the judgment that "continue to recover the stolen goods that have not yet been returned, and return the victim XX after recovery", listen to the judge's suggestion, and may wait for the results of the recovery (including cash). But in this case, it is often difficult to recover, because if you want to have the money to buy a mobile phone, you will not rob it, and under this premise, whether you wait for recovery or file an attached civil lawsuit, it will be difficult to recover the loss, and I can only regret what happened to you.