Enforcement:
The people's court shall, in accordance with legal procedures, use the state's coercive power, and specify specific implementation contents according to legally effective documents to force civil obligors to perform their obligations and ensure the realization of creditors' rights.
The legally effective documents include, but are not limited to, civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, and payment orders. Once it takes effect, the debtor shall perform it automatically. Refuses to perform, the creditor may apply to the people's court for compulsory execution. The right holder who files an application is called the applicant, and the person named to perform the obligation is called the person subjected to execution.
Executing agency:
State organs with executive power: people's courts, public security organs, state security organs, customs, tax authorities and people's governments at or above the county level.
Execution conditions:
If other units and individuals hold the property that has been applied for execution, and the people's court notifies them in writing to assist in execution, they have the obligation to execute it in accordance with the provisions of the notice. Where there is no reason to shirk, refuse or obstruct the implementation, resulting in serious consequences, the relevant units and individuals should bear legal responsibility.
Legal documents:
Also known as an executable file. The execution of the people's court shall be based on legal documents.
The following legal documents are legally binding:
Civil judgments, rulings and conciliation statements;
Criminal judgments and rulings with property enforcement content;
Arbitration documents that are stipulated by law to be executed by the people's courts;
A notarized document that is required by law to be executed by the people's court;
Other legal documents provided by law to be executed by the people's court.
These legal documents must have legal effect, and those without legal effect cannot be used as the basis for implementation; Legal documents should also have the content of payment. If you just confirm or change the legal relationship, you don't need to implement it.
Statutory time limit:
Article 215 The time limit for applying for execution is two years. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply.
Implementation cost:
Compulsory execution requires fees (execution fees), which are charged according to the standard of legal fees. Before applying for compulsory execution, the court will not charge the applicant, and after the execution is completed, the person subjected to execution will pay the court. The execution fee shall be turned over to the state treasury.
If there is an effective civil judgment, ruling or conciliation statement, the property on it. Interest must be calculated, generally 2. 1%*2 times. According to Article 229 of the Civil Procedure Law, the interest shall be doubled.
Note: Enforcement generally causes some hatred. The applicant should try not to meet the person subjected to execution, and it is best to entrust a lawyer.