How can I apply for enforcement after winning the lawsuit?The deadline for execution must be understood

The purpose of a lawsuit is to ask for money

So how do you apply for a mandatory execution after winning a lawsuit?

Executive cases are usually available

Executive, ending, resumed execution

Several states

About the duration of court execution

How many do you know?

If the executor

No car, no house, no deposit

What should the applicant do?

Let's learn together today

Those things about execution

1. How to apply for compulsory execution

◆ The judgment takes effect, the other party refuses to execute

1. I or a lawyer inquire and understand the clues of property

2. Drafcted the "Application for Mandatory Execution" and submitted to the People's Court of the First Trial (or the Court of Performance of the Personal Property at the same level)

Affiliated to execute the format and writing requirements of the application

Supplement: According to Article 246 of the Civil Procedure Law (Amendment of 2021), the period of application is two years. Applying for the suspension and interruption of the timeliness of the implementation, and the application of legal lawsuits to the time suspension and interruption of the time limit for litigation. During the period stipulated in the preceding paragraph, calculate from the last day during the implementation of the legal documents; if the legal documents stipulate the implementation of the staging period, the calculation from the last day of each performance period; Calculated from the date of effectiveness.

3. If the people's court decides whether to file the case within seven days, if the material needs to be supplemented, the application for the application for the application for correction within the specified period of time

4. After the case is executed, enter the court handling system and publicize the case information

5. The judge operates the people's court to perform a network investigation and control system to conduct comprehensive investigation and control of the property in the person's name (bank deposits, online banking accounts, securities, equity, real estate, motor vehicles, insurance wealth management, etc.)

6. Processing according to the results of the check and control

(1) The executed person has a bank deposit

Dial directly to the court account, pay the application executive, and execute the case.

(2) The executed person does not have a full amount of bank deposits

The judge analyzes the other property foundation found in the Internet and the clues provided by the application for the executor, and formulate an execution plan. The production ruling and assistance to the execution notice require the relevant units to assist in the sealing and seizure of other property such as real estate, motor vehicles, securities, equity, and provident fund, and start property disposal measures.

If the executed person is an employee of the unit, the salary is issued normally, but it cannot be fully fulfilled at one time. In this case, the court can adopt the method of detention and withdrawn to issue an enforcement ruling and assist in the execution notice to the unit where the executed person is located. Keep some living expenses (generally exceeding the minimum living security deposit), and then deduct it monthly. Apply for the executor once a year, and the request can be withdrawn once in advance.

According to the regulations, at this time, the case is not counted, and the report can only be reported in accordance with the end of the execution procedure. The implementation of the salary front is sometimes pulled very long, and the situation that lasts for decades or even decades exists.

Supplement: According to the "Supreme People's Court's Provisions on Ending the Performance (Trial)" by the Supreme People's Court, "Terminal Execution Procedure" is referred to as "ending", which is a way to conclude. For cases for implementation, the court will temporarily end the implementation of the procedure and make a case, and continue to resume an implementation system after the property will be discovered.

The real estate and vehicles can be evaluated and auction.

(1) Fill in the out -of -the -ware auction transfer form;

(2) Real estate price recognition: bargaining between the two parties -online inquiry -directional inquiry -initiation of assessment;

(3) Local auction: If the first auction is unattended, the second auction is conducted. The second auction (generally 5%-20%) If no one bids, it will be sold for 60 days. If you do not bid, you can pay the debt if no one will bid.

7. Execute the payment

When the payment is deducted from the bank to the court account (public to the public), the courts at all levels adopt the "one case, one account" applied by the Supreme People's Court, and transparent supervision from top to bottom. Executives have determined that the money has arrived at the court's target account before approval.

The approval process is: Executive Organizations Organize the procedures for getting the funds-in the system, the executive director is requested to the approval of the executive director-the deputy director of the financial deputy dean-the college finance is issued (about 7-30 days).

8. Payment

The payment procedure is as follows: Apply for the executor to carry ID cards, bank cards, fill in the execution collar and financial collar, and then gradually ask for approval after the procedures are completed, and then wait patiently.

It is best to open a bank SMS reminder function, or you can leave the phone number. After the payment is issued, the secretary will remind you to check the accounts by yourself.

◆ Can't query real estate, vehicles, bank deposits in the name of the executed person

You can apply to the court and include the executed person into the blacklist.

Supplement: People who are included in the blacklist will:

(1) No loan;

(2) The following consumption cannot be completed:

When riding a transportation, choose airplanes, trains soft sleeves, and ships in the second or higher of ships;

Make high consumption in hotels, hotels, nightclubs, golf courses and other places;

Buy real estate or newly built, expanded, high -end decoration houses;

Lease high -end office buildings, hotels, apartments and other places;

Buy non -operating necessary vehicles;

Travel and vacation; children are attending high -toll private schools;

Pay high premiums to purchase insurance wealth management products;

Take the G -line EMU trains all seats and other seats and other non -living and work consumer acting acts; (3) restrictions on personnel hire by personnel; (3)

(4) No bidding items cannot be participated in the bidding project.

◆ Multiple summons, still refuse to perform

The court will take judicial detention measures.

04 refusal to perform, transfer, hiding property, can't find anyone, what should I do?

Public prosecution was filed for refusing to execute the judgment and ruling.

2. About the 10 periods of execution

◆ General execution period of the case: 6 months

According to Article 1 of the "Supreme People's Court on Several Dialogue on the Enforcement Cases of the People's Court", cases that are executed by the person who are executed by the executed person shall be executed within 6 months from the date of the case. If there are special circumstances, if the execution period must be extended, if the dean or vice president of the court shall be reported to be approved to apply for the extension of the execution period, it shall be submitted within 5 days before the expiration of the period.

◆ The timeliness of the application execution: generally specified as 2 years

According to Article 246 of the Civil Procedure Law (Amended 2021), the period of application is two years. The application period is calculated from the last day during the implementation of the legal documents; the legal documents stipulate the staging performance in installments, from the last day of the prescribed performance period; Calculate from the day. According to the "Explanation of the Supreme People's Court on Application & LT; Civil Procedure Law of the People's Republic of China, Civil Procedure Law & GT; Implementation Procedures" (Amended 2020 Amendment), the effective legal document stipulates that debtors have inaction: Calculate as an obligation.

◆ Start execution period: within 10 days

According to the provisions of Article 480 of the Court of Supreme People's Law on the Civil Procedure Law of the People's Republic of China (Amendment to the Civil Procedure Law of the People's Republic of China "(Amended 2022), the court shall issue a notice to the executed person within 10 days after receiving the case materials, The person who notified the executed applied for property in accordance with relevant regulations, and ordered the obligation of the person to fulfill the obligation to perform the effective legal documents.

According to Article 6 of the "Supreme People's Court on Several Issues of Property Survey in Civil Execution" (Amended 2020), the person who was executed from one year before receiving the notice was submitted to the date of submission of the written property report, the property situation occurred The following changes should be reported to the change:

(1) Transfer and rental property;

(2) Establish a burden on property rights and other rights in property;

(3) Abandon the claim or extend the claim period;

(4) Large funds for expenditure;

(5) Other changes in property changes that affect the realization of debt realization of legal documents.

◆ Notify the application for the executor to provide the execution clue period: within 3 days

According to the law, if the parties have the responsibility and obligations of their claims and obligations, in the process of executing the case, the executive court shall notify the applicant's property status or property clue within 3 days after receiving the case materials (see "See" See "See" See " Article 5 of the Supreme People's Court on Several Dialogue of the People's Court's execution cases) shall bear the responsibility for being unfavorable to the application for the executor.

◆ The term of the court determines the case of the case organizer: within 7 days

After the court executes the case, the court shall determine the organizer of the case within 7 days after the case and the actual situation of the work (see Article 2 of the Supreme People's Court on the Provisions on Several Dialogue of the People's Court for the Executive Cases "). After the organizer is determined, the court shall promptly notify the application for the executor and the executor in a proper way. The parties may apply for an application for evasion of the judges who meet the conditions in accordance with the law.

◆ Determine the deadline for evaluation and auction institutions: within 10 days

According to Article 7 of the "Supreme People's Court on Several Dialogue of the People's Court's Handling Cases", during the implementation of the case, if the court needs to implement evaluation and auction measures for the implementation of the property, the organizer shall be within 10 days within 10 days Complete the selection of evaluation and auction institutions in a certain way.

◆ The term for issuing assistance to execution: Within 5 days

According to Article 8 of the "Supreme People's Court on Several Dialogue of the People's Court's Cases", if the implementation procedures are required to be transferred to the relevant registration authorities within 5 days, Da Daisu's execution notice, relevant authorities shall perform assistance obligations in accordance with the designated period of the court.

◆ Term of the Examination Execution of Execution: 15th

The period for processing: 1 month

According to Article 9 and 11 of the "Supreme People's Court on Several Dialogues of the People's Court's Cases", after receiving the objections, the court shall submit a review within 15 days after receiving the objection materials and execution papers after receiving the objection of the objection. Treatment of opinions. The people's court should generally be completed within one month. If the period needs to be extended, the organizer shall apply within 3 days before the expiry of the period.

◆ The term of the hearing: within 10 days

The period for proposing the opinion of the trial: within 5 days

According to Article 10 of the "Supreme People's Court on Several Dialogue of the People's Court's Handling Cases", if a hearing of the review of the objections is required, the collegial panel shall organize the objections, the application for the executor, the execution of the execution within 10 days after the hearing, People and other interested parties are hearing. The organizer shall make a review and handling opinions within 5 days after the hearing. ◆ Approval period of legal documents: within 7 days

According to Article 12 of the "Supreme People's Court on Several Dialogue of the People's Court's Cases", the implementation of the implementation of measures and the production of legal documents must be reported to be approved, and the relevant person in charge shall complete the approval procedure within 7 days.

The above deadline basically refers to under normal circumstances, of course, there are special circumstances. The following "periods" are not included in the process of handling the case:

1. The period of the announcement of the publication of legal documents is mainly referring to the whereabouts of the person who is executed unknown, or it is difficult to deliver in other ways.

2. During the suspension of implementation, it mainly refers to the person or third party provided guarantee to the court during the execution process. If the applied to the executor's consent, the people's court may decide the deadline for the suspension of enforcement and suspension of enforcement. If there is a period of guarantee, the deadline for suspended execution should be consistent with the guarantee period, but the longest must not exceed one year;

3. Stop the period of execution;

4. During the time for the application of the law to the superior court;

5. During the period of coordinating processing with other courts to report a dispute report to the coordination of the higher courts.

Source: Supreme People's Court of Justice Research Institute

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