The other party really has no money, so it can only be suspended.
1. If the debtor is obviously fighting against the realization of the creditor's right in order to avoid the debt, the creditor may bring a lawsuit to the court to request that the debtor's transfer of property be invalid.
2. If it is true that there is no property to execute, and the criminal law is not applicable, the crime of refusing to execute the judgment or ruling (Article 834) shall be detained for more than five days and less than ten days. Nor does it apply to judicial custody.
3. Administrative detention, judicial custody or punishment can only be implemented if you have the ability to implement it and refuse to implement it. The legal basis of administrative detention is the Regulations on Administrative Penalties for Public Security. The legal basis of criminal detention is the Criminal Procedure Law. Judicial custody's legal basis is the Civil Procedure Law.
Second, the way to recover arrears through litigation.
(1) Collecting evidence
According to the first paragraph of Article 522 of the Civil Procedure Law of People's Republic of China (PRC), "the parties have the responsibility to provide evidence for their own claims", they should submit the necessary evidence to the court when suing or responding to the lawsuit, otherwise their claims may not be supported by the court and they will bear the consequences of losing the case. The following are the main evidences that should be provided to the court:
1. Provide written evidence such as IOUs, IOUs or loan contracts that can prove the relationship between creditor's rights and debts. If there is no documentary evidence, it shall provide the time, place and amount of the relationship between creditor's rights and debts, and provide irrelevant witness testimony or evidence clues.
2. If there is a guarantor, provide the name, gender, age, work unit and address of the guarantor; If the guarantor is a legal person, the name, legal representative and address of the legal person unit shall be provided. If there is a guarantee agreement, a written guarantee agreement or guarantee clause shall be provided.
3. If there is collateral, the name, quantity, price, storage place and the name of the custodian of the collateral shall be provided.
4. Provide evidence that the debtor fails to perform or fails to fully perform his obligations within the time limit and claims rights during the limitation of action.
5. Regarding the corresponding evidence with the defendant * * *, if the other party of Lev and the defendant are * * *, a certificate of marriage relationship shall be submitted; Evidence of shareholders' insufficient capital contribution, withdrawal of capital contribution, abuse of legal person's independent status, and shareholders' limited liability.
(2) Identify the defendant
If the husband and wife are in the same debt, are they prosecuted?
If the debtor is a company, whether the shareholders have made false capital contribution or made false capital contribution, crossed the bridge or evaded capital contribution, and whether the shareholders have abused the independent status of the company as a legal person and the limited liability of shareholders, thus causing serious damage to the creditors, the shareholders shall be added as defendants.
The purpose is to expand the repayment subject and improve the repayment coefficient.
(3) Choose the competent court
Debt cases are generally tried by the court where the defendant has his domicile, or by the court where the defendant has his habitual residence (continuous residence for more than one year). For the debts arising from the contract, you can also choose a favorable court under the guidance of the lawyer of the court where the contract is performed, so as to facilitate the execution of the judgment. If there are multiple defendants, choose one defendant and choose the court that is beneficial to you.
(4) writing a complaint
A civil complaint refers to a written litigation request made by a citizen, legal person or other organization to the people's court to ask the people's court to make a fair judgment according to law when they think that their civil rights and interests have been infringed or there is a dispute with others.
To sum up, if the person subjected to execution does not have anything in his name, he cannot be detained. Lien is only applicable to debtors who have the ability to perform repayment obligations and refuse to perform repayment obligations. Those who refuse to fulfill their repayment obligations may be detained for 10 days or less.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 64 Burden of proof and authority.
The parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
236th way to start execution
A legally effective civil judgment or ruling must be fulfilled by the parties concerned. 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. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Article 256 Suspension of execution
In any of the following circumstances, the people's court shall make a ruling to suspend execution:
(1) The applicant indicates that the execution can be postponed;
(2) The outsider raises legitimate objections to the object of execution;
(3) A citizen who is a party dies and needs to wait for the successor to inherit the rights or assume the obligations;
(4) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;
(5) Other circumstances in which the people's court considers that execution should be suspended. When the suspended situation disappears, execution will resume.