The first step in execution is to serve the respondent the "Execution Notice" and "Property Declaration Notice" and other materials, and the person subject to execution shall truthfully declare and cooperate with the execution. However, some of the persons subject to execution received the "Property Declaration Notice", either ignore it, or make perfunctory things, or even falsely report or randomly. Have the person subject to execution ever thought that you would receive a ticket issued by the court? Recently, the Fogang County People's Court decided to issue a fine of 1 million yuan for a construction company in Guangzhou that refused to execute the effective judgment and falsely reported the property. A construction company in Guangzhou expressed dissatisfaction and applied for reconsideration of to Qingyuan Intermediate People's Court. On September 19, 2018, the Qingyuan Intermediate People's Court upheld the penalty decision made by Fogang Court after reconsideration.
A construction company in Guangzhou (hereinafter referred to as a construction company) owed the applicant more than 5 million yuan in funds. After the court ruled that the construction company would pay the money, the construction company did not perform the money. The applicant applied for the court to enforce the execution on March 22, 2018. After the court filed the case, the "Execution Notice" and "Property Declaration Notice" were delivered to the construction company. After receiving the materials, the construction company provided the court with the property report of the previous year as of December 31, 2017. The report shows that the company has a cash balance of more than 71 million yuan, a short-term investment of nearly 1.6 million yuan, and a total of more than 2.1 billion yuan in assets. But afterwards, the court searched the bank accounts of the construction company and found that the balance of only 5 accounts in multiple bank accounts of the company was more than 1,100 yuan, totaling only more than 1.1 million yuan. Because the amount of inquiry is hugely different from the amount of the person being executed, the court summoned the legal representative of the company, , to present the situation four times, but the company only appointed a lawyer to present, and the lawyer did not know about the above situation. The legal representative only appeared once and could not reasonably explain why the company's property status did not match the declared property information. Afterwards, the company failed to fulfill its remaining obligations in accordance with the law.
Therefore, according to Article 241 of the Civil Procedure Law of the People's Republic of China, "The person subject to execution fails to perform the obligations determined by the legal documents in accordance with the execution notice, and shall report the current property situation and the year before the date of receipt of the execution notice. If the person subject to execution refuses to report or false report, the people's court may impose a fine or detention on the person subject to execution or his legal representative, the main person in charge of the relevant unit or the directly responsible person according to the severity of the circumstances" and other legal provisions, the Fogang County People's Court decided to impose a fine of 1 million yuan on the construction company.
The person subject to execution declares property to the people's court truthfully is an obligation stipulated by law. It should not be regarded as a joke and willful challenge the authority of the law, otherwise it will pay a heavy price.
Source | Fogang Court
Correspondent | Pan Lifang
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