Lao Lai, a person who owes money and doesn't pay it back in the popular sense, is a legally "untrustworthy executor", that is, the executor has the ability to perform but fails to perform the obligations determined by the effective legal documents. However, due to the difficulty in implementation, some measures have been introduced in recent years to deal with Lao Lai.
Presumably, you must have seen the "list of untrustworthy people" published by the media on TV, high-speed rail, ferry and other places. This is a common method used by judicial organs to deal with Lao Lai at present. For ordinary people, how to deal with Lao Lai?
Today, Bian Xiao has compiled several ways to deal with Lao Lai, so as to nip in the bud and hope to benefit everyone:
0 1
Apply to the court for enforcement.
According to Article 24 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of People's Courts (Trial) (adjusted in 2008) (hereinafter referred to as the "Enforcement Provisions"), after the people's court decides to accept the enforcement case, it shall issue an enforcement notice to the person subjected to execution within three days, and order him to perform the obligations specified in the effective legal documents within the specified time limit, and bear the debt interest or delayed payment during the delay period stipulated in Article 232 of the Civil Procedure Law.
Article 28 stipulates that the applicant for execution shall provide the people's court with information such as the property status or clues of the person subjected to execution. The person subjected to execution must truthfully report the property status to the people's court.
Article 29 stipulates that in order to find out the property status and ability to perform obligations of the person subjected to execution, the person subjected to execution or his legal agent or person in charge may be summoned to the people's court for inquiry.
According to the provisions of Article 241 of the Civil Procedure Law, if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, he shall report the property situation at present and one year before the date of receiving the notice of execution. Refusing to report or making a false report, the people's court may impose a fine or detention according to the seriousness of the case.
02
Freeze bank accounts, deposits, income and pensions
According to Article 32 of the Implementation Regulations, if the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may inquire, freeze and transfer the deposits of the person subjected to execution in banks (including their branches, business offices and savings offices), non-bank financial institutions and other units with savings business.
According to Article 242nd of the Civil Procedure Law, if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
The Supreme People's Court's reply to the Zhejiang Higher People's Court (20 14) on whether the social security agency can be asked to assist in freezing and deducting the pension of the executed person: the pension due to the executed person should be regarded as the fixed income of the executed person at a third party and belongs to the scope of his responsible property. According to Article 243rd of the Civil Procedure Law of People's Republic of China (PRC), the people's court has the right to freeze it. However, before freezing or deducting, the necessary living expenses of the person subjected to execution and his dependents shall be reserved.
03
Seal up and auction real estate (such as real estate)
According to Article 4 1 of the Implementation Regulations, movable property shall be stamped. If it is inconvenient to affix the seal, an announcement shall be posted. To seal up movable or immovable property with proof of property rights, a notice of assistance in execution shall be issued to the relevant administrative organ. Article 46 When the people's court changes the price of the property sealed up or detained by the person subjected to execution, it shall entrust an auction institution to auction it. Article 47 When auctioning or selling off the property of the person subjected to execution, the people's court shall entrust an asset appraisal institution established according to law to conduct price appraisal.
04
Seize movable property (such as a vehicle).
The people's court can directly inquire about the vehicle registration information of the person subjected to execution through the Internet, and take online seizure measures to restrict the transfer, transfer and mortgage of the vehicle.
The public security organ will also seize the relevant vehicles at the duty station according to the information of the people's court's untrustworthy executor.
Article 244 of the Civil Procedure Law: If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained.
05
Prohibit the transfer of intellectual property rights, and freeze the corresponding equity, securities and other accounts
According to Article 50 of the Implementation Regulations, if the person subjected to execution fails to perform the obligations specified in the effective legal documents, the people's court has the right to rule that the person subjected to execution is prohibited from transferring his patent right, the exclusive right to use a registered trademark, copyright (property right part) and other intellectual property rights. Article 5 1: the people's court has the power to rule that the person subjected to execution is prohibited from drawing dividends or bonuses due to the relevant enterprises, and the relevant enterprises shall pay them to the person subjected to execution, and require the relevant enterprises to pay them directly to the applicant for execution. Article 52 The people's court may seize the shares (shares) of other joint stock limited companies held by the person subjected to execution, and force the person subjected to execution to transfer them in accordance with the relevant provisions of the Company Law, or directly auction or sell them off, or directly compensate the creditors for the shares to pay off the debts of the person subjected to execution. Article 53 The people's court may take measures to freeze the investment right or equity of the person subjected to execution in a limited liability company or other legal person enterprise.