I am the execution of Xiao Chili, dealing with the case that was fruitless.
It is difficult to find the person subject to execution, it is difficult to find property, it is difficult to find people to assist in the execution, and it is difficult to move the property that should be executed, which is closely related to the person subject to execution evades debts and robs debts. The phenomenon of "deadbeat" making legal statements is becoming more and more common. It ignores effective legal documents and uses transfers and conceals property, and evades execution. The reason is that it has become "deadbeat" with low cost, and fake divorces and real debts are covered with legal cloak.
has zero tolerance and intolerance to the "deadbeat" behavior of evading debts and avoiding execution. To put it to the bottom of the execution, any transfer investigation and evidence collection increase the cost of refusal to perform, and the person subject to strict restrictions on financing, property purchase, outbound, registration of new companies, and high consumption. In the end, the person subject to execution will automatically perform the judgment, and the court will compulsory execution will be supplemented. Protect the legitimate interests of the applicant.
Guaranteed enforcement measures
Order to report property by the person subject to execution refers to the measures by the execution court to notify the person subject to execution in accordance with the law to require the person subject to execution to report property within a certain range.
According to the Civil Procedure Law, the person subject to execution fails to perform the obligations determined by the legal documents in accordance with the execution notice, shall report the current property status and the year before the date of receipt of the execution notice. If the executor refuses to report or false report, the people's court may impose a fine or detain 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. If the people's court orders the person subject to execution to report the property situation, it shall issue a property reporting order to him. The property reporting order shall state the legal consequences of false reports or false reports.
The person subject to execution shall report the following property situation in writing
(1) cash cash securities;
(2) real estate such as land use rights, housing, etc.
(3) movable property such as transportation tools, machinery and equipment, raw materials, etc.;
(4) property rights such as debt, equity, investment rights, funds, intellectual property rights, etc.;
(5) other property that should be reported.
In addition, if the person subject to execution changes from one year before the date of receipt of the execution notice to , the change shall be reported. If the property situation changes after the person subject to execution reports the property and affects the realization of the claim of the applicant for execution, he shall report to the people's court within 10 days from the date of the property change.
The execution court may investigate and verify the property situation reported by the person to be executed based on the application of the person to be executed or in accordance with the authority.
The applicant for execution checks the property report of the person subject to execution
If the applicant for execution requests the inquiry, the people's court shall approve it. The applicant for execution shall keep the property status of the person subject to execution confidential.
If the person subject to execution performs all debts during the reporting period of property, the people's court shall rule to terminate the reporting procedure.
If the property is not truthfully declared according to the law, the court may detain him or her. If he or she does not report it after the detention and fine, he or she may be held criminally responsible for the crime of refusal to enforce his or her.
Basically, the "deadbeat" will not declare property truthfully, which is also a condition for detention.
Due to the impact of the epidemic, most courts do not detain, but it is not absolute. It mainly depends on how to communicate.
Every year, our team implements detention methods. Basically, we stay in it for a few days and then actively negotiate repayment. "Dead Lai" believes that it will be over after 15 days. He has special skills. Detention is the prerequisite for refusal to be executed, and criminal responsibility does not depend on age.
We do not use one move to defeat the enemy. At which stage of execution, we can get the money back depends on how much pressure the "deadbeat" can withstand.
According to the applicant's request, it realizes the true rights of the effective document, implements the legal principles, exhausts various ways of execution methods and measures, conducts necessary investigations and audits on the property of the person subject to execution, and initiates execution activities such as sealing, seizure, freezing, auction, and sale in accordance with the law, and proceeds continuously and continuously, and the results can be imagined.
The last applicant must apply for execution within the statutory period, otherwise the court of appeal will not provide compulsory protection.
Recently, I saw many headlines saying that they would give debtors a way out. Who can understand the helplessness of the applicant, win the lawsuit and lose money, whoever thinks of losing both sides is fine,
A case we handled has a principal of 800,000 yuan, and the discount was half during execution, and the interest was not required. They also settled the case in installments. Everyone is in the same industry and don’t want to make it too rigid.
"Deadbeat" still breaks the appointment and does not pay. Do you still have a chance in this case?
@execute Xiao Chili #本本# #execute #
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