After the court makes a judgment on the case, if the obligor still fails to perform, the other party can apply to the court for compulsory execution. So, where can I apply for compulsory execution? In order to help everyone better understand the relevant legal knowledge , we have sorted out the content related to enforcement, let’s take a look at it together.
1. Where to apply for compulsory execution? Applications for compulsory execution should be submitted to the court that made the first-instance judgment. To apply for execution, you need to submit the following documents to the court: (1) Application for execution, which must state the basic information of the person and the person subject to execution and the matters requested for execution; (2) An effective legal document that serves as the basis for execution, and the legal document must It must have payment content, execution subject matter and a clear person to be executed; (3) Identity certificate of the person applying for execution; (4) If you are applying for execution as an heir or rights bearer, you must also submit documents proving the inheritance or acceptance of rights.
2. How to provide clues when applying for compulsory execution. When applying for compulsory execution, the applicant must first collect clues about the property of the person subject to execution, so that when applying for compulsory execution, there will be property available for execution. (1) Excavate from the applicant the contracts, correspondence, and faxes signed by the applicant and the person subject to execution, as well as the address or office location, contact information, movable property, real estate, and various properties of the person subject to execution learned during the course of economic dealings. Basic information such as income, creditor's rights, bank account number, property preservation situation and supporting materials, the whereabouts of the person subject to execution and clues to the hidden property. (2) Reports from outsiders or reward reports: Inform the person applying for execution that he or she can apply for reward execution. That is, if the case cannot be executed because the whereabouts of the person subject to execution are unknown or the property of the person subject to execution cannot be found, the person applying for execution can apply for a reward for execution and encourage relevant insiders to provide the property status of the person subject to execution or his due creditor's rights. At the same time, the person applying for execution should be clearly informed that if he applies for reward execution, he must submit a written application, explain the reward method and amount, and pay the announcement fee. Inquire about the creditor's rights from the party being executed's related parties. (3) Obtaining from the person subject to execution 1. Obtaining from public information channels such as the Internet: For the needs of business promotion and publicity, many companies create websites, microsites, open Weibo, public accounts, etc., and this information is obtained through search engines , is very easy to obtain. 2. Extract ideas. 3. Arrange the "informant" to enter the unit of the person subject to execution. 4. Track the cashier of the person subject to execution and find the bank with money in his account. 5. Vehicles are often parked in front of the person being executed. 6. A bank near the person's work or home address. (4) The lawyer proactively investigates the industrial and commercial files in accordance with the law and inquires about the bank, account, account number, equity, subsidiaries, branches, shareholder ID number, residential address, capital verification report of the person subject to execution, whether the shareholder's investment is false and in place, and whether there is any evasive capital contribution . The person subject to execution shall pay water bills, electricity bills, taxes and other relevant departments. Intellectual property rights can be obtained from the National Trademark Administration and the Patent Office. The main search for real estate is to inquire at the land, real estate, state-owned assets, forestry and other management departments.
3. How long does it take to apply for compulsory execution to the court? If you apply to the court for compulsory execution, it can usually be executed within six months. The law stipulates that if the people's court fails to execute the application for more than six months from the date of receipt of the execution application, the person applying for execution may apply to the people's court at the next higher level for execution. After review, the people's court at the next higher level may order the original people's court to implement within a certain period of time, or may decide to have the court implement the case or instruct another people's court to implement the case. The above is a detailed introduction to the relevant knowledge about where to apply for compulsory execution. From the above, it can be seen that the application for compulsory execution should be submitted to the court that made the first-instance judgment.