Traditional Culture Encyclopedia - Traditional stories - How to deal with the failure of the court to enforce the faithless person?

How to deal with the failure of the court to enforce the faithless person?

If the debtor is unable to repay the debt, the creditor may apply to the court for enforcement, and the court will take enforcement measures. In order to implement it smoothly, creditors should do the following work: inquire and understand the property clues of the executed person through channels such as lawyers; Apply for enforcement; The court investigates and controls the property under the name of the person subjected to execution and handles it according to the results of the investigation and control.

The specific process is as follows:

1. Inquire about property: inquire about and understand the property clues of the executed person through channels such as lawyers;

2. Application for execution: Prepare an application for execution and submit it to the court of first instance. The time limit for applying for execution is two years, and the applicant shall apply within the statutory time limit;

3. Take compulsory measures: the court will investigate and control the property under the name of the person subjected to execution and deal with it according to the results of the investigation and control. For example, if the person subjected to execution has a bank deposit, it will be transferred to the court account and paid to the applicant. The court may include the person subjected to execution in the list of persons subjected to dishonesty and take measures to restrict consumption;

4. Application for resumption of execution: If the person subjected to execution has no property to execute, the court may terminate this execution. If it is later found that the person subjected to execution has property, then the applicant may apply to the court to resume execution.

Article 236 of the Civil Procedure Law of People's Republic of China (PRC) * * * A legally effective civil judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution.

Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.