To find clues about the property of the person subject to execution, you can use the following methods:
1. Let the person subject to execution declare it by himself;
2. Apply for execution Provided by others;
3. Court investigation;
4. Reward for reporting.
In general execution, property investigation mainly includes the following properties:
1. Land use rights, houses and other real estate;
2. Income, bank deposits, cash , financial products, securities;
3. Transportation, machinery and equipment, products, raw materials and other movable properties;
4. Debt, equity, investment rights, fund shares, trusts Property rights such as beneficial rights and intellectual property rights;
5. Other property.
1. Asset scope of the person subject to execution
The person subject to execution includes natural persons and legal persons. The assets (property) of natural persons and legal persons have different shapes and sizes, but they are similar. The assets (property) of the person subject to execution include: fixed assets (movable and real estate); cash; equity investments (listed company stocks, warrants); purchased securities, including financial bonds and corporate bonds; advances; claims; other obligations Collection of accounts; intangible assets, including trademarks, patents, goodwill, copyrights, copyrights, etc.
2. How to grasp the asset clues of the person subject to execution
Investigating and grasping the asset clues of the person subject to execution is an arduous and detailed task. After clarifying the subject of execution, a basic understanding and analysis of the situation of the person subject to execution should be made, such as the size of the assets of the person subject to execution, the main form of the assets, the personality characteristics, family members and social relations of the person subject to execution. If the person subject to execution is a legal person, it is necessary to clarify the basic business scope, business scale, main business cooperation partners, corporate benefits, corporate history, leadership team members, especially the personal situation of the main leaders. Through the above investigation and analysis, the purpose is to clarify the distribution and possible storage locations of the assets of the person subject to execution. At the same time, as much information as possible about the person subject to execution should be obtained, such as personal ID card, business license, enterprise code, etc., and at the same time, as much as possible information on the possible assets of the person subject to execution should be collected, such as cooperation partners, investments, etc. Some information is secret to outsiders. In fact, insiders know it and can get it with just a little inquiry.
After grasping the above situation, you can conduct a drag-net investigation centered on the area where the person subject to execution is located:
1. Verify the person's property at the local housing authority and land administration bureau. Real estate in your name;
2. Investigate the basic accounts opened by the local People's Bank; investigate the deposit accounts and other accounts opened by the commercial bank. Nowadays, all major commercial banks are connected to the national network. As long as you provide your name and ID card, you can know the account opening status of the person subject to execution in the same bank across the country.
3. Through the securities registration companies of the Shanghai and Shenzhen stock exchanges, you can check the account opening and the number of cash and stocks in the securities business department of any securities company across the country.
4. Understand the status of its investment industrial companies. The industrial and commercial administration department of the city where the person subject to execution is likely to invest in and establish an industrial company can use his or her name to "authenticate" whether he or she has invested in an industrial company. Nowadays, the industrial and commercial departments in many places across the country provide external fee inquiry. As long as the investor's name and certificate number are provided, the enterprises under his name can be quickly found. However, currently only companies under the name of legal representatives can be found, and some efforts still need to be made to check shareholders.
5. Investigate the vehicles under the name of the person subject to execution at the local vehicle management department.
6. Investigate relevant information such as financial statements, corporate profits, corporate asset details and other relevant information through the financial and local taxation, industrial and commercial and other government functional departments of the company subject to execution. In short, touch every place where assets may be stored. It needs to be particularly emphasized that banks and relevant functional departments keep citizens’ personal information confidential and generally do not provide it to external inquiries. In this regard, a scope can be determined and submitted to the enforcement department of the People’s Court for verification. Or obtain it by other means.
3. Issues that should be paid attention to when seizing or executing the assets of the person subject to execution
1. It must be clear that the assets under investigation must be the assets in the name of the person subject to execution. The execution of civil lawsuits is different from the recourse in criminal cases. Civil cases require that the assets to be executed must be the assets in the name of the person subject to execution. If the assets are controlled or used by the person subject to execution, but are not in his name, the court cannot enforce it. Therefore, when investigating asset clues, you must clarify the target and find the assets in the name of the person subject to execution.
2. Assets can be moved at any time, especially securities such as cash and bonds, which are more liquid. Therefore, when you find asset clues, you must pay attention to keeping them confidential, and communicate and connect with the execution judge at any time, so that you can grasp them at any time, seal them up at any time, and execute them at any time. For some large-scale persons subject to execution, they are inextricably linked with local governments, banks, etc.; banks, considering their own interests, are particularly unwilling to have their deposits frozen and executed. Therefore, even if Even if the court's executive judge is present, you must plan carefully and act appropriately, otherwise your work will be in vain. There was once a client who refused to listen and thought that everything would be fine if he took the judge to execute the case. As a result, they and the judge entered the bank gate and were recognized by the bankers. With a phone call, the person subject to execution immediately transferred the money. By the time the enforcement judge found the office and the bank manager in charge and came back to enforce the order, the account was already empty.
3. Execute as much as you find, don’t hope to “get it done in one step”. The inability of the person subject to execution to repay the debt is mostly related to the poor performance of the enterprise. Market competition is cruel. Since most companies use leverage when using funds, once the company's capital chain is broken, sales are often blocked, creditors are inundated, and it is difficult for the company to make a comeback and come back to life. In this case, take what you can get. A company once returned a Volkswagen Passat from execution. The company leader believed that the car was too worthless and the amount of debt offset by the car was too large. They returned the car and asked the other party to use other assets to offset the debt. Unexpectedly, the assets of that company were immediately petitioned by another creditor to be seized by the court. The company became insolvent and closed down. In the end, not even a broken car was recovered.
4. Admit loss and reality. If the amount cannot be recovered as scheduled, no matter what the reason, we must admit the reality. The loss is inevitable. All we have to do now is to reduce the loss as much as possible. Many creditors are unwilling to admit this and always hope that the other party can be fully executed with interest, and even hope that the other party will compensate for the losses. This feeling is understandable, and it is not impossible for persons subject to execution with good asset quality. But generally speaking, we should be objective and realistic, and we must know that today's losses are the result of carelessness at the beginning, and we pay for the original negligence and carelessness. Thinking like this will not only make you feel much better, but will also bring more ideas to execution.
I hope the above content is helpful to you. If you still have any questions, you can consult a professional lawyer.
Legal basis: Article 243 of the "Civil Procedure Law"
The parties must fulfill any legally effective civil judgment or ruling. If one party refuses to perform, the other party may apply to the People's Court for enforcement, or the judge may transfer the matter to an execution officer for enforcement.
Mediation letters 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 enforcement.
Article 245
If one party fails to perform a debt document that has been legally enforceable by the notary office, the other party may apply to the people's court with jurisdiction for enforcement. , the people's court subject to the application shall implement it.
If there is indeed an error in the notarized creditor's rights document, the People's Court shall rule not to enforce it and shall serve the ruling to both parties and the notary office.