Model application for detaining the vehicle of the person subjected to execution
Applicant: xxx, male, Han nationality, born on May 6th, 1978, ID number:? Xxxxxxx19780506xxxxx, Address: Room C 1802, Building xx, xx Road, xx District, xx City.
Respondent: xxxx group (xx province) branch.
Address: No.260, South xx Road, xx District, xx City, xx Province
Legal representative: xxx, position: chairman.
Tel: 02x-xxxxxxxx
Application items:
Request the people's court to take preservation measures to seal up (stall) and detain a Volvo car with the license plate number xxxxxxx (color: silver, model: xxxx, manufacturing date: 200 x/ month) owned by the respondent.
Facts and reasons:
Applicant xxx v. defendant xxxx Group (xx province) Branch for personal injury compensation in road traffic accident, which has been put on file by your hospital, with the case number of (200x)x French People's First Word. Xxxx, the first trial is scheduled for 200x 14:45 in court x of your hospital.
From the traffic accident in this case to the date of this application, the respondent has transferred the property, and the risk of continuing to transfer the property has not been eliminated. On the one hand, the respondent failed to attend the first court session arranged by your hospital without justifiable reasons; On the other hand, the respondent has stopped using the contact telephone number that has been used normally before. It is also known that the respondent has transferred the xx car (color: white, manufacturing date: 200x x month, license plate number xxxxxxx) to a third party before the trial of the first instance. The above facts are proved by evidence materials such as xxxx and xxxx.
The applicant recently learned from the vehicle management department that another Volvo car with the license plate number xxxxxxx (color: silver, model: xxxx, manufacturing date: 200x x month) was registered in the name of the respondent. In order to prevent the respondent from transferring the car to avoid the execution of the judgment to be made by your hospital, the applicant now applies to your hospital to seal up (stall) a Volvo car with the license plate number xxxxxxx. Please approve.
I am here to convey
Xx District People's Court of xx City
Applicant (signature): xxx
Year? Month? sun
To apply to the court for property preservation before litigation of traffic accident claims, the materials to be submitted to the court:
(1) Application for property preservation before litigation;
(2) Who applies for pre-litigation property preservation: provide the identity materials of the applicant as an interested party;
(3) Vehicles applying for pre-litigation property preservation: a copy of the vehicle driving license of the seized vehicle;
(4) Pre-litigation property preservation proposal issued by the traffic police department;
(5) Proof of property or cash.
Article 93 of the Civil Procedure Law of People's Republic of China (PRC) * * * If an interested party in property preservation before litigation fails to apply for property preservation immediately due to an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court for property preservation measures before prosecution. The applicant shall provide a guarantee. If no guarantee is provided, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours; Where property preservation measures are ordered, they shall be executed immediately. If the applicant does not bring a lawsuit within 15 days after the people's court takes the preservation measures, the people's court shall lift the property preservation.
Article 94 The scope and measures for requesting property preservation are limited to the scope of the request or the property related to this case. Property preservation shall be sealed up, detained, frozen or other methods prescribed by law. After freezing property, the people's court shall immediately notify the person whose property has been frozen. Property that has been sealed up or frozen shall not be sealed up or frozen again.
Article 95 If the security provided by the respondent cancels the preservation, the people's court shall cancel the property preservation.
Article 96 If the application for preservation is wrong, the applicant shall compensate the respondent for the losses caused by property preservation.
How to grasp the asset clues of the executed person
It is a hard and trivial job to investigate and grasp the clues of the assets of the executed person. After defining the object of execution, it is necessary to have a basic understanding and analysis of the situation of the executed person, such as the scale of the assets of the executed person, the main forms of the assets, the personality characteristics of the executed person, family members, social relations, etc. If the person subjected to execution is a legal person, it is necessary to find out the basic business scope, business scale, main business partners, enterprise benefits, historical evolution of the enterprise, members of the leadership team, especially the personal situation of the main leaders. Through the above investigation and analysis, the purpose is to find out the distribution and possible storage location of the assets of the executed person. At the same time, try to master the relevant information of the person being executed, such as personal identity card, business license, enterprise code, etc. , and collect as much information as possible about the assets of the person being executed, such as partners and investments. Some information is secret to outsiders, but in fact, insiders know it, and you can master it by asking a little.
The application form for vehicle seizure of the person subjected to execution is as above. If the person subjected to execution does not want his property to be sealed up and repaid, it is suggested that the court and other aspects can be implemented in time to repay the debt as soon as possible. If you have any questions about the specific contents of the vehicle seizure of the person subjected to execution, you can consult a lawyer online and provide good advice.
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