Procedures of the court executive board in handling cases

The handling process of the executive board of the court: receiving materials-sending an execution notice to the person subjected to execution within 3 days-asking the person subjected to execution to provide the property status or property clues of the person subjected to execution-checking and verifying the property status or property clues provided by the person subjected to execution within 5 days-the undertaker should generally complete the investigation of the property status of the person subjected to execution within 1 month-and issue a Notice of Assistance in Execution of Real Estate and Specific Movable Property to the relevant registration authorities within 5 days of service.

Processing flow of the executive board of the court:

1. After receiving the case materials, the executive board of the court thinks that the situation is urgent and requires immediate enforcement measures, and can take corresponding enforcement measures immediately after approval.

2. The executive board of the court shall, within 3 days after receiving the case materials, issue a notice of execution to the person subjected to execution, notify the person subjected to execution to declare the property in accordance with the relevant provisions, and order the person subjected to execution to perform the obligations specified in the effective legal documents.

If the person subjected to execution transfers, conceals, sells or destroys property within the prescribed time limit for performance, the people's court shall immediately take measures to control execution after receiving the notice.

3. The executive board of the court shall, within 3 days after receiving the case materials, notify the applicant to provide the property status or property clues of the person subjected to execution.

4. Where the executor is requested to provide specific property status or property clues, the executive board of the court shall conduct verification and verification within 5 days after the executor is requested to provide property status or property clues. In case of emergency, check it immediately.

If the executor of the application is unable to provide the property status or property clues of the person subjected to execution, or it is really difficult to provide the property status or property clues, and it is necessary for the people's court to conduct an investigation, the executive board of the court shall start the investigation procedure within 10 days after the executor of the application makes an application for investigation.

5. According to the specific circumstances of the case, the undertaker should generally complete the investigation of the assets of the executed person, such as income, bank deposits, marketable securities, real estate, vehicles, machinery and equipment, intellectual property rights, foreign investment rights, income, due creditor's rights, etc. Within 65,438+0 months.

If evaluation and auction measures are taken in the implementation process, the organizer shall complete the evaluation and auction institution selection within 10 days.

6, the implementation of real estate, specific movable property and other property need to go through the transfer registration procedures, the contractor shall, within 5 days, serve a notice of assistance in execution to the relevant registration authority.

Duties of the Executive Board of the Court:

1, execute the legally effective civil judgments and rulings and the property part of criminal judgments and rulings;

2, the implementation of arbitration awards, notarized creditor's rights documents and other legal documents stipulated by law;

3. Review the execution objections, changes and additions of the executed subject;

4. Take measures such as seizure, seizure, freezing and deduction according to law, and take compulsory measures such as detention and fines according to law to hinder execution;

5. Assist the execution entrusted by other courts.

Scope accepted by the Executive Board of the Court:

The cases executed by the Executive Board must be cases that enter the execution procedure after being applied by the parties and accepted by the court. According to the provisions of the Civil Procedure Law, legally effective civil judgments, rulings, conciliation statements and other legal documents that should be executed by the people's courts must be performed by the parties. If one party refuses to perform, the other party may apply to the people's court for execution. The time limit for the parties to apply for enforcement is two years.

Legal basis:

Article 236 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution or the property subjected to execution is in other places, he may entrust the local people's court to execute it on his behalf. After receiving the power of attorney, the entrusted people's court must start execution within 15 days and may not refuse. After the execution is completed, the people's court shall be informed of the execution results in writing in a timely manner; If the execution is not completed within 30 days, the entrusted people's court shall also be informed of the execution.

If the entrusted people's court fails to execute it within 15 days from the date of receiving the power of attorney, the entrusted people's court may request the people's court at a higher level of the entrusted people's court to instruct the entrusted people's court to execute it.