What is the process of people's courts executing cases?
1. After receiving the case materials, the executive board of the court thinks that the situation is urgent and requires immediate enforcement measures, and can take corresponding enforcement measures immediately after approval.
2. The executive board of the court shall, within the specified time limit after receiving the case materials, issue a notice of execution to the person subjected to execution, notify the person subjected to execution to declare the property in accordance with the relevant provisions, and order the person subjected to execution to perform the obligations specified in the effective legal documents.
If the person subjected to execution transfers, conceals, sells or destroys property within the prescribed time limit for performance, the people's court shall immediately take measures to control execution after receiving the notice.
3. After receiving the case materials, the executive board of the court shall notify the applicant to provide the property status or property clues of the person subjected to execution within the prescribed time limit.
4. Where the executor is requested to provide specific property status or property clues, the executive board of the court shall conduct verification and verification within 5 days after the executor is requested to provide property status or property clues. In case of emergency, check it immediately.
If the executor of the application is unable to provide the property status or property clues of the person subjected to execution, or it is really difficult to provide the property status or property clues, and it is necessary for the people's court to conduct an investigation, the executive board of the court shall start the investigation procedure within the prescribed time limit after the executor of the application makes an application for investigation.
5. According to the specific circumstances of the case, the undertaker should generally complete the investigation of the assets of the executed person, such as income, bank deposits, marketable securities, real estate, vehicles, machinery and equipment, intellectual property rights, foreign investment rights, income, debts due, etc. Within the prescribed time limit.
If evaluation and auction measures are taken in the implementation process, the organizer shall complete the selection of evaluation and auction institutions within the prescribed time limit.
6, the implementation of real estate, specific movable property and other property need to go through the transfer registration procedures, the contractor shall, within 5 days, serve a notice of assistance in execution to the relevant registration authority.
Court execution procedure
According to the provisions of Chapter 22 of the Civil Procedure Law, the usual enforcement methods and means of China People's Court are as follows:
1. Inquire, freeze and transfer the deposits of the respondent. Inquiry refers to the activities of the people's court to investigate, inquire or check the deposit of the respondent to banks, credit cooperatives and other units.
2. Detain and withdraw the income of the respondent. 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.
3. Seal up, detain, auction or sell off the property of the respondent. If the respondent fails to perform its obligations according to the notice of execution, the people's court has the right to seal up, detain, auction or sell off the property that the respondent should perform its obligations.
If the parties or interested parties think that the enforcement act violates the law, they may file a written objection to the people's court responsible for enforcement. If a party or interested party raises a written objection, the people's court shall conduct a review within 05 days from the date of receiving the written objection. If the reason is established, it shall be revoked or corrected; Reject the ruling that the reasons are not valid.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 11 of the Regulations on Marriage Registration
Mainland residents who register for divorce shall present the following documents and supporting materials:
(1) My household registration book and ID card;
(2) my marriage certificate;
(3) The divorce agreement signed by both parties. When applying for divorce registration, Hong Kong residents, Macao residents, Taiwan Province residents, overseas Chinese and foreigners shall present valid passports and identity cards in addition to the documents and supporting materials specified in Items (2) and (3) of the preceding paragraph, and overseas Chinese and foreigners shall also present valid passports or other valid international travel documents. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.