Do I have to fill in the property declaration sent by the court?
Do I have to fill in the property declaration sent by the court? We all pay attention to legal matters in our daily lives, because the law is It is not only a constraint in our lives, but it can also protect us. There is a lot of legal knowledge, such as about property. So do we have to fill in the property declaration sent by the court? Is it necessary to fill in the property declaration form sent by the court? 1
The property declaration form of the person subject to execution must be submitted and needs to be filled in carefully.
Legal analysis
According to relevant laws and regulations, the property declaration form of the person subject to execution is a form issued by the court requiring the person subject to execution to report the property situation. The person subject to execution should fill it out carefully and submit it to the court. If he fails to declare or makes a false declaration, the court will pursue legal responsibility. Legal liability includes enforcement measures such as fines and detention. The person subject to execution refers to the party who refuses to perform the court judgment or arbitration award after the statutory appeal period has expired or after the final judgment is made.
After the court has ruled in favor of the plaintiff in a civil lawsuit, but the defendant fails to complete the compensation amount stipulated in the judgment within the legal time on the compensation issue and is forced by the court to perform compensation, then the defendant is said to have The person subject to compulsory execution. If you fail to perform corresponding obligations in accordance with the effective legal documents and are sued by the other party, you will be identified as the person subject to execution. The court has certain restrictions on persons subject to execution, and they are not allowed to engage in high-consumption activities, and are not allowed to take airplanes or high-speed trains.
If the person subject to execution obstructs or resists execution by forging evidence, violence, threats, etc., and violates the consumption restriction order, he will be punished. If the person subject to execution is unable to repay the debt, he or she can seek the consent of the creditor to pay the debt in installments. The debt should be paid.
If the debtor is temporarily unable to repay, the debtor can repay it in installments with the consent of the creditor or the judgment of the people's court. If someone is able to repay but refuses to do so, the People's Court will make a judgment to force repayment. If it is a business, the business should apply for bankruptcy and undergo bankruptcy liquidation. Therefore, the property declaration of the person subject to execution must be filled in truthfully and submitted.
Legal basis
Article 242 of the "Civil Procedure Law of the People's Republic of China" If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's The court has the right to inquire from relevant units about the deposits, bonds, stocks, fund shares and other property status of the person subject to execution.
The people's court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution according to different circumstances. The property inquired, seized, frozen, transferred, and valuated by the People's Court shall not exceed the scope of the obligations that the person subject to execution shall perform. When the people's court decides to seize, freeze, transfer or change property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it. Is it necessary to fill in the property declaration form sent by the court? 2
The person subject to execution must fill in the property declaration form. According to the provisions of relevant national laws and regulations, it can be known that after the people's court makes a property declaration order against the person subject to execution, the person subject to execution needs to declare the property in a timely manner. If the person subject to execution does not declare the property, the person subject to execution can be punished. Detention and fines and other corresponding penalties.
Legal Analysis
After the People's Court makes a judgment on a civil lawsuit, if the person subject to execution does not choose to execute, the People's Court can carry out compulsory execution. However, before compulsory execution is carried out, , the People's Court will require the person subject to execution to make relevant property declarations. The order to report property should clearly state the relevant scope of the property to be reported, the limited period for reporting the property, and the legal consequences for refusing to report or making false reports, etc.
The property reporting order can be served to the person subject to execution together with the execution notice. The property declaration of the person subject to execution should be filled in according to the following content: Regarding the bank deposit category, it should include all the banks where the accounts are opened, bank account numbers, the specific amount of deposits, and whether the account is opened in other names.
Regarding the real estate category, the specific name of the real estate, detailed location, actual value of the real estate, and whether it is mortgaged should be filled in clearly. If it has been mortgaged, relevant evidence needs to be attached.
Regarding the category of intangible property, it should include intellectual property rights of corresponding value such as trademarks, patents, and licenses. Regarding other forms of property categories, individual shares, relevant claims to third parties, available income, etc., and corresponding specific amounts should be filled in.
1. How to fill in the property declaration form of the person subject to execution
Including RMB, securities, etc.
2. Bank deposits
Including all bank accounts, account numbers, deposit amounts, and whether there are accounts opened in other names, etc.
The name, type, quantity, value and storage location of all movables should be filled in.
4. Real estate
The name, location, value of the real estate and whether it is mortgaged should be filled in. If it has been mortgaged, relevant evidence should be attached.
5. Intangible property
Including trademarks, patents, licenses, etc. and their corresponding values.
6. ***Owned Property
Please fill in the name, location and value of ***owned property as well as the name of ***owner, ***owner’s share and distribution principle etc.
7. Other forms of property
Such as shares, claims against third parties, available income, etc. and corresponding amounts.
2. Legal Basis
1. This form is based on Article 241 of the Civil Procedure Law of the People’s Republic of China and the Regulations of the Supreme People’s Court on the Application of The provisions of Articles 31, 32, and 33 of the Civil Procedure Law of the People's Republic of China "Interpretation of Several Issues in Execution Procedures" are formulated for use when the People's Court orders the person subject to execution to report his property status. .
2. The order to report property should state the scope of property reporting, the period for reporting property, the legal consequences of refusing to report or making false reports, etc.
3. The property reporting order can be served to the person subject to execution together with the execution notice. Is it necessary to fill out the property declaration sent by the court? 3
The property declaration form for the person subject to execution is a form issued by the court that requires the person subject to execution to report the property situation. The person subject to execution should fill it out carefully and submit it to the court. If he fails to declare or makes a false declaration, the court will hold him legally responsible. Legal liability includes enforcement measures such as fines and detention.
1. What are the consequences of the person subject to execution reporting false property?
The consequence of the person subject to execution reporting false property is that the person subject to execution will be sentenced to detention, fines, fixed-term imprisonment and other penalties. If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, he shall report the current property situation and the property situation one year before the date of receipt of the execution notice. If the person subject to execution refuses to report or makes a false report, the people's court may fine or detain the person subject to execution or his legal agent, the principal person in charge of the relevant unit or the directly responsible person according to the seriousness of the case.
2. What properties should be reported by the person subject to execution
1. Income, bank deposits, cash, financial products, securities
2. Land use rights, houses and other real estate
3. Transportation, machinery and equipment, products, raw materials and other movable properties
4. Debt, equity, investment rights, fund shares, trust beneficial rights , intellectual property rights and other property rights
5. Other properties that should be reported
3. What behaviors will be affected by reporting false property reports
1. The People's Court shall, in accordance with relevant regulations, include them in the list of persons subject to execution for dishonesty, and announce and expose them on news media platforms such as newspapers, the Internet, television, WeChat, Weibo, electronic displays, community notices, etc. The required publicity fees shall be borne by the persons subject to execution. People bear the burden.
At the same time, we will notify relevant government departments, financial regulatory agencies, financial institutions, public institutions with administrative functions and industry associations, etc., so that relevant units can make decisions in government procurement, bidding and tendering in accordance with laws, regulations and relevant provisions. Credit penalties will be imposed in terms of administrative approval, government support, financing credit, market access, qualification certification, etc.
2. Limit high consumption.
(1) When taking transportation, choose second-class or above cabins on airplanes, trains, and ships.
(2) In hotels, hotels, nightclubs, golf courses, etc. Carry out high-end consumption
(3) Purchase real estate or build, expand or high-end decorated houses
(4) Rent high-end office buildings, hotels, apartments and other places to work
(5) Purchasing vehicles that are not necessary for business operations
(6) Traveling and vacationing
(7) Children attending high-fee private schools
(8) Paying high amounts Purchase insurance financial products with premiums
(9) Take all seats on G-EMU trains, first-class or higher seats on other EMU trains, and other consumption behaviors that are not necessary for life and work.
4. Exit from the country is strictly prohibited. For those who already hold valid entry and exit documents, they should send the documents to the enforcement court for seizure within 10 days from the date of this announcement. Otherwise, the enforcement court will request the exit and entry management department of the public security organ to declare them invalid according to law.
5. The People’s Court may impose fines, detention, searches, compulsory audits and other compulsory measures prescribed by law in accordance with the law. The amount of fine imposed on an individual shall be less than RMB 100,000. The amount of fine imposed on the unit shall be between RMB 50,000 and RMB 1,000,000. The period of detention shall be no more than fifteen days.
6. If a crime is constituted, criminal liability shall be pursued in accordance with the law.