How to apply for enforcement?

The parties must perform legally effective civil judgments and rulings and criminal judgments and rulings. 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. If one party fails to perform the award of an arbitration institution established according to law, the other party may apply to the people's court with jurisdiction for enforcement. The people's court to which the application is made shall execute it.

If one party fails to perform the creditor's rights documents that the notary organ has given the enforcement effect according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce them. If there is an error in the notarial certificate of creditor's rights, the people's court shall rule that it shall not be executed and serve the ruling on both parties and the notary office.

Article 243rd of the Civil Procedure Law stipulates: "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 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 the people's court distrains or withdraws income, it 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. "

In the practice of execution, withholding the income of the person subjected to execution is an execution measure often used by people's courts. Detention and revocation are two closely related compulsory measures. Seizure is a temporary measure, which temporarily detains the income of the person being executed, stays in the original unit, and may not be used or transferred to urge him to fulfill his obligations within a time limit. If it fails to perform within the time limit, the proceeds can be extracted and delivered to the application executor.

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