1. Is it necessary to enforce the lawyer's fee?
If you want to hire a lawyer, you need a lawyer's fee to apply for enforcement. However, the amount of lawyer's fees varies according to the charging standards of each law firm. The acceptance fee for applying for execution of a case shall be charged according to the following standards:
1. If there is no execution amount or price, each piece ranges from 50 yuan to 500 yuan.
2. If the execution amount or price does not exceed 6,543,800 yuan+0,000 yuan, each piece shall be paid to 50 yuan; The part exceeding1100,000 yuan to 500,000 yuan shall be in accordance with; The part exceeding 500,000 yuan to 5 million yuan shall be paid according to 1%; For the part exceeding 5 million yuan to 6.5438+million yuan, press: for the part exceeding 6.5438+million yuan.
Second, what is the procedure of court enforcement?
Step 1: Apply
The parties must perform legally effective civil judgments and rulings and criminal judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution.
If one party fails to perform the award of an arbitration institution established according to law, the other party may apply to the people's court with jurisdiction for enforcement. The people's court to which the application is made shall execute it.
If one party fails to perform the creditor's rights documents that the notary organ has given the enforcement effect according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce them. If the notarized creditor's rights document is indeed wrong, the people's court shall rule that it will not be executed, and serve the ruling on both parties and the notary office.
Step 2: Court acceptance
If the parties or interested parties think that the enforcement act violates the law, they may file a written objection to the people's court responsible for enforcement. If a party or interested party raises a written objection, the people's court shall conduct a review within 05 days from the date of receiving the written objection. If the reason is established, it shall be revoked or corrected; If the reason cannot be established, the ruling shall be rejected.
Step 3: Apply for reconsideration
If a party or interested party refuses to accept the award, it may apply to the people's court at the next higher level for reconsideration within 10 days from the date of delivery of the award. 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.
In the process of execution, if the outsider raises a written objection to the execution target, the people's court shall conduct an examination within the prescribed time limit from the date of receiving the written objection, and if the reason is established, order to suspend the execution target; If the reason cannot be established, the ruling shall be rejected. If an outsider or a party refuses to accept the ruling and thinks that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure of trial supervision; If it has nothing to do with the original judgment or ruling, it may bring a lawsuit to the people's court within the prescribed time limit from the date when the ruling is served.
Step 4: Issue a notice of execution to the person subjected to execution.
After receiving the application for execution or the execution transfer, the person subjected to execution shall issue a notice of execution to the person subjected to execution, ordering him to perform within a time limit, and if he fails to perform within the time limit, he shall be enforced. If the person subjected to execution fails to perform the obligations specified in the legal documents and may conceal or transfer the property, the person subjected to execution may immediately take compulsory measures.
Step 5: Take compulsory measures.
When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, a written record of execution shall be made and signed or sealed by the relevant personnel present. The enforcement court may take the following enforcement measures: inquiring, freezing and transferring the deposit of the respondent; Seizure or withdrawal of the income of the respondent; Seal up, detain, auction or sell off the property of the respondent; Searching the hidden property of the respondent; Measures such as forcing the respondent to deliver the property or documents determined by legal documents.
The process of court enforcement includes the applicant's own application, the court decides whether to accept it, then applies for reconsideration, and then issues an enforcement notice to the person subjected to execution. After notification, compulsory measures can be taken and the case can be closed.