If that is the case, enforcement lawyers may not be able to do anything for some difficult cases, especially those after the final version.
So what does an enforcement lawyer really need to do? Based on the team’s many years of experience in handling cases, we believe that the most important and valuable work of executive lawyers is reflected in the following four aspects:
First, dig out high-quality property clues beyond the court’s “four investigations” to make the case Resurrection from the dead.
After a litigation case enters the enforcement process, the court will generally inquire with the bank about the deposit of the person subject to enforcement, the industrial and commercial department about the equity of the person subject to enforcement, the land and housing management department about the property of the person subject to enforcement, and the vehicle administration department. The department inquires about the vehicle information of the person subject to execution.
The above four most common investigation and control measures are also called the court’s “four investigations” and have strong credibility. Therefore, many parties and attorneys pin their hopes of implementation on the court's investigation and prosecution work.
But many times, after the court has exhausted all inquiry methods, it still cannot find any clues about the property of the person subject to execution. At this time, the case will enter the final trial process, which is an outstanding manifestation of "difficulty in execution".
Due to the limitations of objective conditions such as manpower, policy, and geography, the court’s investigation and control measures must have various limitations, which precisely provides a space for enforcement lawyers to show their value.
Especially after the execution of the case enters the final proceedings, the court will stop searching for clues about the property of the person subject to execution. The possibility of resuming execution of the case is very slim relying solely on the parties’ attention and tracking of the person subject to execution.
Excellent professional enforcement lawyers will develop a set of property clue mining methods through continuous learning and accumulation. When the court search fails, use professional methods and abilities to uncover hidden property clues and bring the case back to life.
2. Before submitting an application to the court, complete the screening and argumentation and formulate a supporting plan.
Some law enforcement lawyers are excited and nervous after working hard to obtain property clues. They are afraid that the "big sleep" will cause the property clues to get out of control, so they will immediately apply to the court to take coercive measures against the clues.
There is nothing wrong with pursuing speed, but if you blindly apply to the court for measures without thoroughly understanding the status, pros and cons of property clues, and without making a plan for the next step, it will not only fail to achieve the purpose of efficiency, but On the contrary, it will increase the cost of trial and error, waste the court's case-handling resources, and also make judges doubt the professional abilities of lawyers.
Experienced and excellent enforcement lawyers will never make a hasty application to the court without being fully prepared. They will do at least the following to feel confident in implementing the application:
1. Understand the properties, status, and internal and external relationships of property leads.
We often encounter some seemingly high-quality real estate leads, but after several investigations and verification, we find that they are worthless.
Therefore, before filing an application with the court, the enforcement attorney should thoroughly investigate and verify all the facts of the lead.
For example, when discovering clues about the property of the person subject to execution, you must first find out whether the ownership of the property is in dispute, whether there is a mortgage, whether there is priority seizure, etc. , to confirm whether the clue has the right to dispose.
This step can screen out most worthless property clues, reduce the error rate of clue submission, and lay the foundation for subsequent work.
2. Prioritize property leads and select the best leads.
After preliminary confirmation, if many clues are in a normal state of disposal, should the execution lawyer apply to the court to take measures against all these clues to gain a greater chance of winning?
From a probability perspective, it is true that the more clues there are, the greater the probability of taking measures, but this is not the case in reality.
Normally, the court will not accept a single application for an excess of property leads.
Even if it is acceptable, if the first few clues are not implemented smoothly, the judge will inevitably doubt the quality of the following clues, thereby reducing the success rate.
Therefore, the number of clues submitted to the court at one time should be less than 5. If there are a large number of clues, the execution lawyer needs to comprehensively evaluate and rank the clues and submit the best property clues to the court.
This step is not easy. It requires the executive lawyer to develop sharp observation and judgment through long-term experience in order to achieve a low error rate.
3. Accurately classify property clues and provide specific implementation plans.
There are many types of property clues in case execution, such as bank deposits, movable property, real estate, projects under construction, mining rights, equity, debt, etc.
Different types of property clues have different implementation measures and steps.
For example, for bank deposits, the enforcement lawyer only needs to apply to the court to freeze the deduction.
For claims, the enforcement lawyer needs to first determine the status of the claim (whether it has expired). For undue claims, it is necessary to apply to the court for freezing and other measures; for expired claims, it is necessary to apply to the court for enforcement of the property of a third party.
For equity, the situation is even more complex. Before formally applying to the court for enforcement measures, the enforcement lawyer needs to apply to the court to obtain various business statements, and if necessary, apply to the court for auditing and other work to obtain evidence of the equity interests involved in the case.
Professional execution lawyers will not submit all property clues to the court at once and then passively wait for the court to deal with them. Instead, they will accurately classify the property clues and provide a specific execution plan.
3. Proficient in transfer application details and investigation skills, the rejection rate continues to decrease.
In enforcement cases, lawyers often need to apply to the court for investigation and evidence collection, but this process is often full of obstacles and is a "shadow" that many enforcement lawyers cannot erase.
Not to mention avoidance, it is an objective fact that no executive attorney can predict that he or she will not be rejected in an investigation.
However, there is another objective fact: Professional and excellent enforcement attorneys have a much lower rejection rate in requisition applications and warrant investigations.
In fact, there are two reasons why enforcement attorneys encounter obstacles in their investigations. One reason is that the relevant departments are indeed unwilling to cooperate, and the other reason is that the execution lawyer is unprofessional and unstandardized in the process of applying for an investigation order from the court and holding the investigation order, and there are obvious loopholes, which hinders the investigation.
A good enforcement lawyer will usually avoid the second situation, such as ensuring that the application for an investigation order submitted to the court is complete and specific, with accurate wording, correct headers, and easy to verify. ...
Another example is mastering communication skills during a wanted warrant investigation, finding the right department and the right person, and providing the necessary help to the person under investigation. .......
4. Grasp the bargaining chip to force the person subject to execution to perform his debts and quickly promote reconciliation.
When the execution of a case progresses, it is common for the person subject to execution to send out a signal of reconciliation due to pressure.
However, this does not mean that the person subject to execution is really willing to pay off the debt through reconciliation. The person being executed is sometimes very "cunning", and it may just be their "delaying tactics".
At this time, inexperienced enforcement lawyers can easily fall into the "trap" of the person being executed and fall into long and repeated negotiations. In the end he still couldn't speak normally.
An excellent execution lawyer will usually find out the property clues that play a key role in restricting the person subject to execution, apply to the court for enforcement measures, and then negotiate with the person subject to execution.
When holding important bargaining chips, the enforcement lawyer can lead and control the negotiations, reach a settlement agreement with the person being executed "steadily, accurately and ruthlessly", and design as many relief clauses as possible for the parties in the settlement agreement. , helping them avoid risks to the greatest extent.
5. Provide judges with ideas and solutions, and help and promote judges in handling cases.
Some execution lawyers sometimes complain that the execution judge’s progress is unsatisfactory or that communication is difficult.
In fact, many times, this is just the unilateral position and feeling of the enforcement lawyer.
The work pressure of most enforcement judges is no less than that of lawyers. They are faced with workload pressure from too many and too few cases, as well as assessment pressure from case closure rates. No one wants the case at hand to be executed as quickly as possible.
When handling a case, the executive judge will also feel helpless, confused, and even unable to start.
After the court accepts the application, does the enforcement lawyer stand aside, "watch" the enforcement judge's work, and call from time to time to urge the progress? Or should we participate in it, plan the ideas for each link in advance, foresee possible problems, and then make response plans in advance?
Two different communication methods will produce two completely different case-handling effects.
The so-called good communication does not depend on how well the enforcement lawyer is eloquent or how good he is at observing what is happening. But when the executive judge has questions, he gives reasons and arguments to strengthen his confidence; when the executive judge is hesitant, he analyzes the pros and cons and helps him make a decision; when the executive judge has no precedent to refer to, he gives reference opinions and even references Templates to help them create the "first case" smoothly. ......
The role of an enforcement lawyer in case execution should never be a "follower" role that depends on the court and the judge, but should be a person who can coordinate well with the judge. "peer" role.
Jiangsu Zezhi Law Firm - a law firm focusing on difficult and complex enforcement cases