Traditional Culture Encyclopedia - Traditional culture - The process of enforcement by the court's enforcement division
The process of enforcement by the court's enforcement division
I or lawyer inquiry and understanding of property clues
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Drafting the "Application for Enforcement", submitted to the People's Court of First Instance (or the same level of the court where the property of the executor)
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People's Court to decide whether or not to file a case in seven days, the need for additional materials, a one-time written notice to the designated period of time to make corrections
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Execution of the case, entered into the court case system, the public execution of the case information
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Judge operates the people's court execution network search and control system, the property in the name of the executed person to carry out a comprehensive search and control
(bank deposits, network bank accounts, securities, equity, real estate, motor vehicles, insurance and financial management, etc.)
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Based on the results of the search and control are handled separately
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(a) the executor has bank deposits
directly transferred to the court account to pay the applicant, the implementation of the closure of the case.
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(ii) the executor does not have full bank deposits
The judge analyzes other property situations found by network search and control and property clues provided by the applicant, and formulates an execution plan. Then make a ruling, assist in the implementation of the notice requesting the relevant units to assist in the seizure, seizure of the executor's real estate, motor vehicles, securities, equity, provident funds and other property, and to start the disposal of property measures.
1. The executor is a unit of employees, there are wages normally paid, but a one-time can not be completely fulfilled
In this case, can be taken to withhold the extraction of the approach, the executive issued by the implementation of the ruling, to assist in the implementation of the notice sent to the executor's unit, looking for units of the department of labor and management or the financial section of the relevant procedures to assist. Monthly retention of part of the cost of living (generally more than the minimum subsistence allowance), and then deducted month by month. The party withdraws once a year, and can be withdrawn once in advance when making a request.
But according to the regulations, this is not yet considered to be the closure of the case, can only be reported in accordance with the end of the current implementation of the program, to be all the case money to be implemented, can be considered to be the closure of the case. Enforcement of the payroll battle line sometimes stretches for a long, long time, ten years and decades.
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