Usually the person subjected to execution says that there is no money to pay back, but he doesn't say whether there are other valuable things such as real estate, stocks, cars, etc. If further investigation is needed on automobiles and real estate, it is suggested to entrust a lawyer to the vehicle management office and the housing management office for investigation. If there are other valuable things, they are also capable of execution.
If the debtor has no executable property, the court will issue a ruling to suspend execution. After discovering that the debtor has executable property, the creditor can immediately apply for resumption of execution, and the court can also seize it judicially as appropriate.
Article 236 of the Civil Procedure Law: The parties must perform legally effective civil judgments and orders. 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.
Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Article 241 If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property status and the property status one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or make a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.
Article 242 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. From the relevant units. 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.
Article 243 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.
When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.
Article 244 If the person subjected to execution fails to perform the obligations specified in the legal document 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.
The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.
Extended data:
To apply for compulsory execution, the following documents and certificates shall be submitted to the people's court
1, apply for execution. The application for execution shall specify the reasons, matters, the object of execution and the property status of the person subjected to execution known by the application executor.
If it is really difficult for the application executor to write the application execution, he may apply orally. The receptionist of the people's court shall make a written record of the oral application, which shall be signed or sealed by the executor of the application.
If a foreign party applies for enforcement, it shall submit an application for enforcement in Chinese. Where there are special provisions in the mutual legal assistance treaty concluded between the country where the parties are located and China, the provisions of the treaty shall prevail.
2 copies of valid legal documents.
3. The identity certificate of the applicant executor. If an individual citizen applies, he/she shall show his/her resident identity card; Where a legal person applies, it shall submit a copy of the business license of the legal person and the identity certificate of the legal representative; If other organizations apply, they shall submit a copy of the business license and the identity certificate of the main person in charge.
4. Where the successor or successor of the right applies for enforcement, the certificate of the successor or successor of the right shall be submitted.
5. To apply for enforcement of the arbitral award of an arbitration institution, a contract or arbitration agreement with an arbitration clause shall be submitted to the people's court.
If the arbitral award of a foreign arbitration institution is to be executed, the text of the arbitral award certified by Chinese embassies and consulates abroad or notarized by Chinese notary organs shall be submitted.
6. The application executor may entrust an agent to apply for execution on his behalf. Where an agent is entrusted, a power of attorney signed or sealed by the client shall be submitted to the people's court, which shall specify the entrusted matters and the agency authority.
Where an entrusted agent waives or changes his civil rights, makes a settlement or collects payment for execution, he shall have the special authorization of the principal.
7. Other documents or certificates that should be submitted.
Xiamen Court Network-What documents and certificates should be submitted to the people's court for execution?
China People's Network-Civil Procedure Law