Lawyers are only responsible for some preparatory work before the trial, help you write a complaint and provide evidence to defend you in the trial. Lawyers can only do so much, but you are a little unfamiliar with the law, and everything after that is the process of the defendant applying for enforcement if he fails to perform. So don't blame the lawyer. His task basically ends when you get the effective document of the judgment. Now let's see if it's time to execute the program. Just apply to the court to enforce the defendant.
There is no specific limit on the number of detainees.
According to the provisions of the Civil Procedure Law, if the person subjected to execution fails to declare his property truthfully during the execution of the court, or there are circumstances stipulated in Article 111, the court may decide to impose civil sanctions on detention. As for the number of detainees, the law does not specify. If the person subjected to execution has multiple acts that should be detained, he may decide to be detained separately; If there are acts that should be detained again after detention, the court can still decide to detain.
code of civil law
Article 111 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.
Article 241 If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property status and the property status one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or make a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.
Since the judicial procedure has been taken, the court's judgment will not be executed after it takes effect, and the application for compulsory execution will be made.
Many people think that everything will be fine if the lawsuit is won, but have you ever thought about the problem that the other party does not enforce it according to law? 1. If the parties refuse to perform the judgment after it takes effect, the plaintiff may apply to the court for enforcement. Two, if the judgment comes into effect, it can constitute a criminal offence if it has the ability to execute it. Article 313 of the Criminal Law of People's Republic of China (PRC) stipulates: "Whoever refuses to execute a judgment or ruling that the people's court has the ability to execute, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine."
If the debtor fails to perform the legal documents of the effective judgment made by the people's court, the creditor shall apply to the people's court for compulsory execution within two years from the date of the expiration of the "debt performance period". If an application for compulsory execution is filed with the people's court within the time limit, the people's court will no longer accept it.
If the other party has no property to execute, the court will suspend the execution. After the suspension disappears, the applicant may apply for resumption of execution. If the other party refuses to perform such acts as concealing or transferring property, the court may take judicial guardianship measures. If the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may, in addition to punishing the person subjected to execution, include him in the list of the person subjected to execution for breach of trust according to the circumstances.
To sum up, non-execution of court decisions will become a reality, and work and life will be limited everywhere.
After the court's decision, the next step. What should I do?
First of all, understand the verdict:
The judgment shall specify the judgment result and the reasons for making the judgment.
The contents of the judgment include:
1, cause of action, claim, disputed facts and reasons;
2. Facts and reasons identified in the judgment, applicable laws and reasons;
3, the verdict and the burden of litigation costs;
4. During the appeal and the Court of Appeal. The written judgment shall be signed by the judges and court clerks, and stamped with the seal of the people's court.
Thirdly, the other party fails to appeal within the statutory time limit and does not execute the judgment. You can only apply to the court for enforcement. Legally effective civil judgments and rulings, as well as the property part of criminal judgments and rulings, 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.
In the application for execution, if the property is made, the court can only execute it if the other party's property is provided.
For other aspects of execution, such as removing obstacles, just take the bailiff to perform.
Civil judgments require the parties themselves to apply to the court for enforcement. At present, China's courts implement the separation of trial and execution. If you don't go to the court to apply for enforcement, the court will not take the initiative to enforce it for you. It is useless to wait any longer, because the enforcement procedure has not yet entered, and the court executive board will not care at all.
First of all, your aunt spent more than120,000 yuan on hospitalization expenses, and decided to pay134,000 yuan. The amount of compensation is obviously unreasonable. If the medical expenses1.2000 or more, plus lost time, nursing expenses, nutrition expenses, transportation expenses, mental damage compensation and other compensation expenses. If it constitutes disability, you can also claim disability compensation and living expenses of the dependents. So according to the normal traffic accident compensation standard, your aunt's compensation amount is obviously too low.
Secondly, your aunt needs to go to court to apply for enforcement of the case. Only when the effective judgment enters the execution procedure will the court take compulsory measures against the executed person, such as blacklisting the executed person and restricting his high consumption. Once the person subjected to execution has property, he can apply to the court for sealing up and freezing his property, and then apply to the court for auction and deduction of deposits. , so as to obtain the execution payment.
Finally, the lawyer you hired ignored the case. See if there is any application at this stage in the agency contract you signed. At present, lawyers charge fees in stages (first instance, second instance and execution). Generally, a lawyer may represent 5000 yuan in the first trial stage, depending on the agreement in your agency contract. If the agency contract ends at the first instance, other lawyers will naturally ignore your execution stage.
Once the judgment made by the court takes effect, it can be enforced. The defendant agreed to the court's decision, but on the grounds that he had no money, he kept dragging his feet, failed to fulfill his obligations under the effective legal documents and refused to pay compensation to the plaintiff. In this case, it is suggested that the plaintiff apply to the people's court for enforcement in time. There is a time limit for applying for enforcement, usually two years. If an application for compulsory execution is made to the people's court within the execution period, the people's court will not accept it. Whether there is any property available for execution under the defendant's name requires the staff of the enforcement court to inquire through the network inspection and control system.
Apply to the people's court for compulsory execution. China's civil procedure law stipulates enforcement measures to ensure that the judgments made at the trial stage can be effectively fulfilled and safeguard judicial authority and the legitimate rights and interests of the parties. The people's court may initiate enforcement measures according to the application of the parties. After accepting an execution case, the people's court will require the person subjected to execution to issue an execution notice and start the execution procedure.
If one party deliberately delays or fails to perform the payment obligation determined by the effective judgment for various reasons, the other party may apply to the people's court for enforcement. When applying for compulsory execution, the person subjected to execution shall pay the execution fee to the people's court. However, in judicial practice, it is generally not necessary to apply for the person subjected to execution to submit the execution fee in advance, and the people's court can directly deduct the acceptance fee of the execution case from the proceeds of execution.
When a party applies to the people's court for enforcement, it may provide the people's court with clues about the property of the other party and assist the people's court in its execution. The executors of the people's court mainly inquire about the property under the name of the executed person through the network inspection and control system, including deposits, movable property, real estate and other property.
If there is a deposit in the name of the person subjected to execution, the people's court may notify the relevant bank to assist in the execution and freeze the deposit in his account. The frozen amount is limited to the compensation payable determined by legal documents. If the deposit in the account is insufficient to pay off the debts, the people's court may auction or sell the movable and immovable property under its name to achieve the purpose of execution.
When the people's court is included in the list of people who have been executed for dishonesty, it shall keep the necessary living expenses of the people who have been executed and their families, and follow the principle of limited objects of execution. In the process of execution, if it is found that the person subjected to execution has the ability to perform the payment obligation and refuses to perform it, the people's court shall include it in the list of the person subjected to dishonesty and impose credit punishment according to law. Once the person subjected to execution becomes the person subjected to dishonesty, his daily life will be severely restricted.
To sum up, the defendant has been delaying the execution of the effective judgment made by the people's court on the grounds that he has no money in his hand, and the plaintiff should apply to the people's court for compulsory execution in time to safeguard his legitimate rights and interests; Once the limitation of execution is exceeded, the other party still fails to pay the compensation, and it is difficult for the plaintiff to obtain compensation through legal channels. Therefore, safeguarding rights must be timely. If the defendant refuses to perform the payment obligations determined by the effective legal documents, the people's court shall include him in the list of people who have lost their trust.
Figure source network, invasion and deletion.
Application executor, how should you defend your rights?
There is a time limit for applying to the court for enforcement, and the longest time limit is two years. Therefore, if you apply to the court for enforcement two years after the judgment takes effect, the court may not accept it, and even if it accepts it, it may decide to reject the application for enforcement. The law will not protect the sleeper in rights, and the consequence of being lazy to exercise rights is the legal way to lose the right relief.
Article 239 of the Civil Procedure Law: The period 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.
There are too many cases, it is difficult to find the person to be executed, it is difficult to find the property to be executed, and the enforcement legislation is incomplete, which are all difficult problems that plague the people's courts' enforcement work. Of course, the court is overcoming these difficulties, but this does not mean that the difficulties have been completely solved. As an applicant, the time spent dealing with the executed person must be longer than that of the enforcement judge, and the situation of the executed person is also more familiar than that of the enforcement judge. Therefore, after the application is executed, we must cooperate with the execution work and provide the execution judge with the whereabouts and property clues of the executed person in time. Never think that finding people and checking and controlling property is the job of the court and has nothing to do with yourself. You know, the smoother the judge's work, the sooner your rights can be realized.
From ancient times to the present, from the middle to the outside, there is an uncertainty called risk. As the saying goes: eat to prevent choking, walk to prevent falling. When lending money to others, we should consider the possibility of recovering the principal except interest. The higher the possibility, the lower the risk index; Conversely, the lower the possibility, the higher the risk index. Whether the court's litigation or enforcement work is to reduce the risk of social transactions, however, the judicial organs only want to damage the relief after the fact is formed, and it is impossible to completely eliminate the risk. As an applicant, you must know that there is a situation called execution impossible.
Unable to execute, because the person subjected to execution has no ability to perform, no property to execute or no execution conditions, the court cannot execute in place, which is essentially a commercial risk, transaction risk or legal risk faced by the parties. Just like a doctor, he may be able to use all his spirit to heal his sick hands and rejuvenate them, but it is definitely unrealistic to ask him to have the magical function of birth, illness and death. Therefore, as a party, when engaging in social activities, we must have a sense of risk, fully consider the risk of whether lending money to others can be recovered, and consider the possibility of whether the contract can be fulfilled when signing a contract. If you don't understand, you can consult a lawyer. Lawyers, like health care doctors, reduce the risk of major diseases through normal conditioning, and don't wait until they are terminally ill and admitted to the hospital to accuse doctors of not doing their best to recover.
There is a saying to describe the executive judge: either in execution or on the way to execution. If the executive judge sits in his office and makes a phone call, the person to be executed will take the initiative to fulfill his obligations, and there will probably be no difficulty in execution. They need to find the executed person and seal up the property of the executed person. These tasks can't be accomplished by sitting in an office. As an executive judge, we should understand the urgency of the applicant to realize his rights. But as an applicant, we should also understand the work of the executive judge. They are not only responsible for your case; They need to be aware of more than your rights. You think it is very important for your life that the loan cannot be recovered for a long time, but in the eyes of the executive judge, it may be more important to recover alimony for the elderly, wages for migrant workers and medical expenses for the victims in hospital beds. Every executive judge may have hundreds or even hundreds of enforcement cases. If every applicant thinks his rights are the most important, he should implement them first, and the enforcement judge will be at a loss. Therefore, as an applicant, we must consider whether the rights of other applicants are more important than ourselves and whether they should be given priority.
As mentioned earlier, there is a situation called execution failure. In the final analysis, a case that cannot be executed is the commercial risk, transaction risk or legal risk that the parties have to bear. As long as the enforcement judge has exhausted the measures and means to find property, even after repeated searches, he still can't find clues about property, which belongs to the inability to execute, rather than the cover-up and connivance of the enforcement judge to the executed person. For cases that cannot be executed, if the applicant thinks that life is really difficult, he can apply to the court for judicial assistance after showing relevant certificates. However, the establishment of judicial assistance system is to solve the urgent needs faced by applicants, and its application conditions, examination and approval procedures and assistance amount are strictly stipulated, and the court does not replace the person subjected to execution. A considerable number of applicants have heard from hearsay that they can put pressure on the court to achieve the purpose of appeal. Then, in addition to the compulsory measures stipulated in the Civil Procedure Law, there are also the crimes of gathering people to attack state organs and disturbing the working order of state organs stipulated in Article 290 of the Criminal Law, which you will challenge.
The judge enforces the national laws, and the enforcement judge will do everything possible to realize your rights, but all measures need to be carried out within the scope prescribed by law. If you think that since you apply for enforcement, you can boss the enforcement judge around, give orders to the judge according to your own "simple" ideas, and ask the enforcement judge to put aside procedural constraints to realize his rights, which is actually pushing the enforcement judge into the fire pit of abuse of power and may not be able to realize his rights. As a judge, you will be more familiar with the provisions of the law than you, and you will be more aware of what you should do, what you should do and what you should not do. As an applicant, most of them have gone through legal procedures and should understand how the law protects your legal rights, so your legal rights can only be realized through legal procedures. The law also stipulates the result of any violation of the procedure, which is called execution reversal.
The executive judge can only carry out the execution according to the contents determined by the effective legal documents, which is called the execution basis. For matters beyond the scope of rights determined by effective legal documents, the enforcement judge has no obligation to enforce, let alone the power to enforce. If you think that your rights have been missed when you file a lawsuit, you can file a lawsuit again, instead of asking the enforcement judge to solve it together in execution. For the executive judge, although the rice bowl is a bit thin, it still represents the honor of the profession and will not be extralegal because of your entanglement.
What if the defendant agrees to the court's decision, but keeps dragging on?
The enforcement of this matter requires the active application of the parties. The court will not take the initiative to transfer the case from the litigation procedure to the execution procedure. According to the regulations, the parties shall apply for compulsory execution within two years from the date when the judgment takes effect. Enforcement is a procedure to solve the defendant's failure to perform the judgment obligation. But it is the right of the parties to apply for enforcement. If the parties do not apply, the court will naturally not take the initiative to implement it. Failing to apply within the time limit shall be deemed as giving up the corresponding rights. Now the court ruled that the other party paid134,000 yuan, but the other party has been dragging its feet and applied for compulsory execution after the judgment came into effect.
As for lawyers, they don't care if they charge 5000 yuan. This matter depends on the agency contract between you and your lawyer. Generally speaking, our lawyers represent cases in stages. According to the litigation procedure, there are mainly first instance, second instance and enforcement. There may also be retrial (first instance, second instance) and retrial procedures. If the lawyer only represents this stage, the agency work will be introduced after the court's judgment comes out. Judging from the amount of the subject matter of the case and the lawyer's fee, this 5000 yuan should only be the cost of a procedure. This lawyer should make it clear to you when accepting the case, so as to avoid thinking that this is the completion of the case before the client gets the money. If you want the lawyer to continue to represent you, you can negotiate with the lawyer about the agency.
1. Is the application implemented? It is not enough to have a judgment, but also to apply for enforcement. If in the execution stage, the court finds that there is no property available for execution, then it is obvious that the other party has no money. Why is there no money on the surface?
Because the property declaration may not be comprehensive, the property can not be found in the system, but it is not without the fact that there is property in different places.
In addition, the person subjected to execution may also have the behavior of transferring property. Of course, there is no need to verify, and this job can't be counted on the court.
2. If you entrust a lawyer, you can't blame the lawyer for inaction and need to deal with it according to the situation. (1) If there is only the entrustment in the litigation stage and there is no entrustment in the execution stage, lawyers certainly have no obligation to manage. Look at the principal-agent agreement to know this topic. If lawyers need to intervene in the implementation stage, they need to be entrusted again. As for the fee, you can talk to your lawyer yourself.
(2) If the entrustment includes the execution stage, it depends on the court's investigation and control.
If the court can't find the property that can be executed, that is, it is usually said that the other party has no money, then the lawyer can't get the money, and naturally there is no way.
If the court has found the property, it may not be able to carry out the follow-up enforcement work for some reasons in practice. For example, the first letter of the house found belongs to other creditors, or the small property right house cannot be executed, or the house is not wanted.
What kind of situation, the subject need not guess, just look at the materials at hand and ask the executive judge.
3. What if there is an implementation deadlock? Don't worry, you need to relax. After all, it's no use worrying. Use all available measures, but pay more attention in the future. Please refer to this answer for details.
Above, for reference.