One, the other party is unwilling to cooperate with the implementation, delay not to pay back the money, can take legal measures to restrict personal freedom, including judicial custody, shall be investigated for criminal responsibility.
1, looking for clues through social media
For example, look for clues through the circle of friends of the person being executed, the status of Weibo and Tik Tok, and see if the city where the other person is located can be judged.
2. You can entrust a lawyer to the court to apply for an investigation order, and find the other party's work unit by inquiring about the social security and provident fund of the executed person, providing clues for the court to withhold the salary of the executed person and seal up the provident fund of the executed person.
3. If the person subjected to execution has a car, he may apply to the court to investigate the violation record of the person subjected to execution and dig clues to find out the person subjected to execution.
4. Query economic records
According to the contract, letter and fax signed with Lao Lai. , you can learn about Lao Lai's address or office location, contact information, movable property, real estate, various incomes, creditor's rights, bank account number and other basic information, property preservation, certification materials, the whereabouts of the executed person, etc. In the process of economic exchanges, clues to hiding property are found.
5, to assist the court investigation
It is impossible for the executive board of the court to concentrate all its energy on your case, so sometimes, the applicant should take the initiative to look for property clues and assist the court in property investigation.
6. Freeze Lao Lai's Alipay and WeChat.
The people's court has taken enforcement measures such as inquiring, freezing and deducting financial assets such as Lao Lai's bank accounts, bank cards and deposits. You can connect with financial institutions through special lines or financial networks, send data and electronic legal documents for investigation and control measures to financial institutions, and receive the result data and electronic receipts for inquiry, freezing, deduction and disposal of financial institutions.
Second, what is the court enforcement procedure for not paying back the arrears?
1, application
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 the notarized creditor's rights document is indeed wrong, the people's court shall rule that it will not be executed, and serve the ruling on both parties and the notary office.
2. Court acceptance
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; If the reason cannot be established, the ruling shall be rejected.
3. Apply for reconsideration
If a party or interested party refuses to accept the award, it may apply to the people's court at the next higher level for reconsideration within 10 days from the date of delivery of the award. If the people's court fails to execute the application for execution for more than six months from the date of receiving it, the applicant for execution 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.
In the process of execution, if the outsider raises a written objection to the execution target, the people's court shall conduct an examination within 15 days from the date of receiving the written objection, and if the reason is established, it shall order to suspend the execution target; If the reason cannot be established, the ruling shall be rejected. If an outsider or a party refuses to accept the ruling and thinks that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure of trial supervision; If it has nothing to do with the original judgment or ruling, it may bring a lawsuit to the people's court within 15 days from the date when the ruling is served.
4. Issue a notice of execution to the person subjected to execution.
After receiving the application for execution or the execution transfer, the person subjected to execution shall issue a notice of execution to the person subjected to execution, ordering him to perform within a time limit, and if he fails to perform within the time limit, he shall be enforced. If the person subjected to execution fails to perform the obligations specified in the legal documents and may conceal or transfer the property, the person subjected to execution may immediately take compulsory measures.
Step 5 take coercive measures
When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, a written record of execution shall be made and signed or sealed by the relevant personnel present. The enforcement court may take the following enforcement measures: inquiring, freezing and transferring the deposit of the respondent; Seizure or withdrawal of the income of the respondent; Seal up, detain, auction or sell off the property of the respondent; Searching the hidden property of the respondent; Measures such as forcing the respondent to deliver the property or documents determined by legal documents.
3. What if the other party still doesn't pay back the money after applying for enforcement?
1. The case has entered the enforcement procedure, and the court can take corresponding enforcement measures against Lao Lai according to law. Do not cooperate with the implementation, can be fined, judicial custody, can also be included in the national registration system of untrustworthy personnel. At this time, he has become a veritable Lao Lai, and anyone can check his dishonest record.
2. At the same time, taking a series of measures, such as hiding property, transferring property and disposing of property at a low price, is unfavorable to the applicant.
3. After verification, it can be transferred to judicial custody as the case may be, or the clue can be transferred to the public security organ, and the crime of refusing to execute the effective judgment will be put on file for investigation, and finally criminal responsibility will be investigated through a series of legal procedures.
4. How many times can I apply for enforcement?
In fact, the current law in China does not stipulate the number of times to apply for enforcement, so as long as the creditor's loan is not fully paid off, the creditor can apply for enforcement.
Five, when applying for enforcement, it should be noted that the application period is two years, and the starting point of two years is:
1, calculated from the last day of the performance period stipulated in legal documents;
2. If the legal documents stipulate the performance by stages, it shall be counted from the last day of each performance period;
3. 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.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 114 If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;
(6) Refusing to perform a legally effective judgment or ruling of the people's court.
The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.