1 I or my lawyer inquire about and understand property clues;
2. Draft an application for execution and submit it to the people's court of first instance (or the court at the same level where the property of the person subjected to execution is located);
Supplement: According to Article 239 of the Civil Procedure Law, 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. The period specified in the preceding paragraph shall be counted from the last day of the performance period determined by legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect.
If the people's court decides whether to file a case within seven days and needs supplementary materials, it shall inform it in writing at one time to make corrections within a specified time limit;
4. Implement filing, input into the court case handling system, and publicly execute the case information;
5. The judge operates the people's court to implement the network inspection and control system to conduct a comprehensive inspection and control of the property (bank deposits, online bank accounts, securities, equity, real estate, motor vehicles, insurance and wealth management, etc.) under the name of the person subjected to execution. );
6. Control according to the survey results;
If the person subjected to execution has a bank deposit, it will be directly transferred to the court account, paid to the application executor and the case will be closed. If the person subjected to execution does not have enough bank deposits, the judge will analyze other property information found on the Internet and the property clues provided by the applicant and formulate an implementation plan.
Then make a ruling and a notice of assistance in execution, requiring the relevant units to assist in sealing up and detaining the property of the person subjected to execution, such as real estate, motor vehicles, securities, equity, provident fund, etc., and start property disposal measures.
When the person subjected to execution is an employee of the unit, the salary is paid normally, but it cannot be paid in full at one time.
In this case, the method of lien withdrawal can be adopted. The person subjected to execution issues an execution ruling and a notice of assistance in execution to the executed unit, and the labor department or financial department of the unit handles the relevant assistance procedures, and reserves a part of the living expenses (generally exceeding the minimum living allowance) for the person subjected to execution every month, and then deducts it monthly. The application executor shall withdraw it once a year, and may withdraw it once in advance when making a request.
However, according to the regulations, this case is not closed, and it can only be closed in accordance with the procedures for ending this execution. Only when all cases have been executed can the case be closed. The front line of wage enforcement can sometimes be very long, as long as decades.
Supplement: According to the Provisions of the Supreme People's Court Municipality on Strictly Standardizing Termination of Execution Procedure (Trial), termination of execution procedure is a way of closing the case, which means that the court will temporarily terminate the execution procedure until the case is closed after the property is found.
If the property and vehicles are seized, the auction can be evaluated.
Fill in the "Handover Form for Foreign Entrusted Auction"; Real estate price confirmation: negotiation between the two parties-online inquiry-directional inquiry-initiating evaluation; Lottery auction: the first auction, if no one bids, then the second auction. For the second auction (usually the price will be reduced by 5%-20%), it will be sold for 60 days if no one bids for the second auction. Sell (without reducing the price) If no one bids, you can pay the debt in kind.
7. Execution of payment
When the money is deducted from the bank to the court account (corporate), the courts at all levels adopt a case-by-case account that is uniformly applicable in the Supreme People's Court, and conduct transparent supervision from top to bottom. Before the amount reaches the target account of the court, the executor cannot approve the payment.
The approval process is as follows: the executive organizes the collection procedures-submitting them to the executive director for approval in the system-the vice president in charge of finance for approval-the hospital financial issuance (about 7-30 days).
8 payment
The payment procedure is as follows: the application executor brings his ID card and bank card, fills in the execution receipt+financial receipt, submits it for approval step by step after the formalities are completed, and then can wait patiently.
It's best to open a bank SMS, or you can leave a phone number. After payment, the clerk will remind you to check the accounts yourself.
2. No property, vehicle or bank deposit can be found in the name of the person subjected to execution.
Apply to the court to blacklist the person subjected to execution.
Supplement: People on the blacklist will:
Can't lend; Can not complete the following consumption: when taking transportation, choose the second-class cabin or above of the plane, train soft berth and ship; High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; Purchase real estate or build, expand or decorate high-grade houses; Rent high-end office buildings, hotels, apartments and other places to work; Purchase non-operating vehicles; Travel, vacation; Private schools with high fees for children; Pay high premiums to buy insurance wealth management products; Non-essential consumption behaviors such as taking all seats on G-prefix EMU trains and first-class seats on other EMU trains;
Restricted by personnel recruitment; Can't participate in bidding projects. The court that refuses to perform after three summonses will take judicial custody measures.
Supplement: On September 5, 2020, the Executive Board of the People's Court of pengze county, Jiangxi Province summoned the executed person Shen to the court and took compulsory measures on judicial custody 15.
Shen and the applicant Zhang Yuan were originally in partnership. 2065438+April 2006, the two parties set up a store in partnership, and Zhang paid the down payment. Later, due to poor management, the two sides settled accounts. On September 20 19, Shen borrowed more than 20,000 yuan from Zhang. After repeated reminders, Zhang appealed to the court.
After the case entered the execution procedure, Shen always evaded execution under the pretext of "no money to repay during the epidemic", and the execution judge repeatedly searched for no results. On the morning of September 15, Shen was stopped by the enforcement police of Pengze Court in his hometown and will be summoned to the court. The executive judge told Shen that "the court implemented the idea in good faith" and urged enterprises to resume work, but Shen felt that the detention center could not detain itself during the epidemic and was indifferent. The executive judge immediately applied for the issuance of a detention decision, and sent Shen to the hospital for nucleic acid detection and physical examination, and then sent him to the detention center to take compulsory measures in judicial custody 15 days.
What should I do if I refuse to perform, transfer or conceal my property and can't find someone?
Be sued for refusing to execute a judgment or ruling.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 224 The property part of a legally effective civil judgment or ruling and a criminal judgment or ruling shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance. Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
Article 226 If the people's court fails to execute the application for execution for more than six months from the date of receiving the application for execution, the executor of the application may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.
Article 229 Where the person subjected to execution or the property subjected to execution is abroad, it may entrust the local people's court to execute it on its behalf. After receiving the power of attorney, the entrusted people's court must start execution within 15 days and may not refuse. After the execution is completed, the people's court shall be informed of the execution results in writing in a timely manner; If the execution is not completed within 30 days, the entrusted people's court shall also be informed of the execution.
If the entrusted people's court fails to execute it within 15 days from the date of receiving the power of attorney, the entrusted people's court may request the people's court at a higher level of the entrusted people's court to instruct the entrusted people's court to execute it.