Whether it is necessary to hire a lawyer for enforcement depends on the wishes of the applicant or the person subjected to enforcement. But it is of little use to find a lawyer to apply for execution of the judgment. If you apply to the court yourself, you only need to bring your ID card to the court to fill out several relevant forms, and the staff there will also guide the person to be executed. Therefore, if you feel that there is nothing to do, you can go to the court to fill in the relevant materials yourself.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 233 If the people's court fails to execute the application for execution for more than six months from the date of receiving it, the applicant for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.
Article 231 The property part of a legally effective civil judgment or ruling and a criminal judgment or ruling shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance. Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
Second, the role of implementing the application for hiring lawyers in arrears.
(a) work that can be done to help the parties and cooperate with the enforcement judge to smoothly advance the enforcement procedure.
1. Help the parties to choose the enforcement court and apply for enforcement within the time limit prescribed by law. In case of emergency, help the parties to apply for property preservation before filing a case for compulsory execution.
2. When finding that the property of the person subjected to execution has been sealed up by other courts, apply to the enforcement court to transfer the case to other courts for execution or apply for participation in distribution.
3. When the enforcement court is found to be ineffective, apply to the higher court for enforcement.
4. Apply for adding or changing the person subjected to execution.
(2) Work that can be done in providing executable property or property clues.
Money cases account for more than 90% of execution cases. For money cases, what lawyers should do is to do everything possible to help the execution judge find the property of the executed person or provide property clues.
1. Actively provide the property status or clues of the executed person.
2. Apply to the court for indirect enforcement measures.
3. What are the conditions for applying for compulsory enforcement of arrears?
1. The obligee has a legal and effective execution name, such as an effective judgment or ruling, a notarized document issued by a notary office, etc. ;
2. Determine the effective legal documents whose performance period has expired;
3. The obligor fails to voluntarily perform the obligations specified in the effective legal documents according to law;
4. The obligee shall file an application within the statutory application execution period.
legal ground
code of civil law
Article 224 The property part of a legally effective civil judgment or ruling and a criminal judgment or ruling shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance. Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
criminal law
Article 313 Whoever refuses to execute the judgment or ruling of a people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Therefore, it is up to the parties themselves to ask a lawyer to accompany them when enforcing the law. If you think you can handle it clearly, bring your ID card and related materials to the court to fill it out. If you think it's impossible, please ask a lawyer to accompany you. But pay attention to qualified lawyers. If you need legal help, readers are welcome to consult, and a professional team of lawyers will answer your questions in time and provide the best solution.