What else does the applicant need to do for the property with disposal conditions?
1. Investigate the housing market before disposal.
In practice, due to the comprehensive factors such as the nature of houses and the local housing market, many auction houses are auctioned out, and no one even buys them. If the executor of the application is also unwilling to accept paying debts in kind. At this time, according to the clear provisions of the law, the property will be unfrozen and returned to the person subjected to execution. If there are no other enforceable measures, the real estate will no longer be the object of implementation.
Therefore, the applicant should carefully consider whether to file a judicial evaluation auction for the property with disposal conditions, and investigate the location and state of the property. If the local housing market is depressed, the target property is not a good type to sell, and he doesn't want this house himself, then it's best to consider whether to return it at last.
2. When there is a need to vacate the house, the applicant can inform the executive judge of the clues requested by the residents, which provides more feasibility for the court in the process of forcibly vacating the house.
However, remember not to take action by yourself. In some cases, the applicant will come to the door, and there will be disputes and contradictions with the residents who live in it, which will not only lead to uncontrollable dangerous events, but also cause resentment, which will cause more obstacles to the forced vacancy of the house after the court. It is good for the applicant to actively cooperate with the court, but attention should be paid to discretion. What the court should do is left to the court to trust the court.
What should I do?
1. Make full use of necessary means.
For example, fine detention, blacklist of untrustworthy people, and restrictions on high consumption. These "Lao Lai" bags are not bad, they are all used. Perhaps, it is useless for execution, but at least it will make Lao Lai feel uncomfortable.
2. The parties concerned should focus on finding Lao Lai's whereabouts and property clues.
If the person being executed is an old scavenger, he really doesn't have much property. In fact, such cases can be forgotten for the time being. If the other party is strong and has the ability to make money and make a living, then it is necessary to spare no effort to find the whereabouts of Lao Lai, and the key is property clues. For example, Lao Lai will have salary income when he works in a certain place, and project payment income when he contracts projects in a certain place.
3. If the person subjected to execution is stubborn, compared with Huang Shufen in Tangshan and Wu Xin in Qingdao, such a person can only be dealt with by refusing to commit a crime.
According to the existing laws and regulations, refusing to execute the court's judgment or ruling, if the circumstances are serious, constitutes the crime of refusing to execute the judgment or ruling, and should be sentenced to fixed-term imprisonment of not more than three years according to law. If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
As for what is "serious circumstances", the National People's Congress and the Supreme Court have made judicial interpretations to define it. One * * * is twelve kinds. As long as one of these twelve acts is met, it belongs to the scope of punishment for refusing to commit a crime. At this time, Lao Lai couldn't remember.
There are three ways to investigate the criminal responsibility of Lao Lai's refusal to commit a crime, namely, court transfer, the applicant's appeal to the public security organ and the applicant's criminal private prosecution for refusing to commit a crime.
Therefore, the court did not defend Lao Lai and refused to enforce it for you. It's that you missed a step before suing. Lao Lai may have transferred his property, but there is really nothing to enforce under his name. What can the court do for you? What the court said about "unenforceable property" is true, not what you said. There is no property in the other party's name, so you let the court execute it for you.