Implementation method:
1. Inquire, freeze and transfer the deposits of the respondent.
Inquiry refers to the activities of the people's court to investigate, inquire or check the deposit of the respondent to banks, credit cooperatives and other units.
Freezing refers to the compulsory measures taken by the people's court to prohibit the withdrawal or transfer of the deposits of the respondent in banks, credit cooperatives and other financial units during the period of litigation preservation or execution.
When the people's court takes freezing measures, it shall not freeze the special funds designated by the state in the bank account of the respondent. However, if the respondent uses these names to hide funds to avoid fulfilling his obligations, the people's court may freeze them.
The maximum time limit for freezing the deposit of the person being executed is six months. If you need to continue to freeze, you should go through the freezing procedures at banks, credit cooperatives and other places. Before the expiration of the freeze period. Otherwise, if it is not handled within the time limit, it will be regarded as automatic thawing.
Transfer refers to the measures taken by the people's court to transfer the deposit of a legal person or other organization as the respondent into the respondent's account according to the amount stipulated in the notice of assistance in execution of the people's court. The transfer of deposits can be carried out on the basis of freezing or direct transfer without freezing.
When the people's court takes measures of inquiry, freezing and allocation, it may directly submit them to the banking office, savings office and credit cooperative without the consent of its superior competent unit. A foreign people's court may, without the consent of the local people's court or other formalities, directly inquire, freeze or transfer deposits at the bank or credit cooperative where the person subjected to execution has his domicile or where the property subjected to execution is located. Local banks and credit cooperatives must assist in handling, and may not refuse or shirk for any reason such as withholding loans or loan interest. If a person refuses to assist, the people's court may impose a fine in accordance with the provisions of the Civil Procedure Law, and suggest that the supervisory organ or the relevant authorities give disciplinary sanctions.
Two, detain and extract the income of the person who is applied for execution.
Article 222 of the Civil Procedure Law stipulates: "If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained. When the people's court distrains or withdraws income, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business. " In the practice of execution, withholding the income of the person subjected to execution is an execution measure often used by people's courts. Detention and revocation are two closely related compulsory measures. Seizure is a temporary measure, which temporarily detains the income of the person being executed, stays in the original unit, and may not be used or transferred to urge him to fulfill his obligations within a time limit. If it fails to perform within the time limit, the proceeds can be extracted and delivered to the application executor.
3. Seal up, detain, auction or sell off the property of the person subjected to execution.
If the respondent fails to perform its obligations according to the notice of execution, the people's court has the right to seal up, detain, auction or sell off the property that the respondent should perform its obligations.
Seizure is a temporary measure, which means that the people's court seals up the relevant property of the person subjected to execution, seals it up on the spot, and prohibits anyone from transferring or disposing of it.
Auction means that the people's court sells the property of the executed person at the highest price on the spot in an open and competitive way.
Selling refers to the compulsory sale of the property of the person subjected to execution to pay off the debt with the proceeds. If the people's court needs to sell the property of the respondent during the execution, it may hand it over to the relevant unit for sale or directly sell it. If it is sold directly by the people's court, the opinions of the relevant departments such as prices shall be sought before the sale, and the price for the sale shall be reasonable.
The deposits and income withheld or withdrawn by the people's court, and the proceeds from auction or sale of the respondent's property shall be delivered to the application executor in time, and the execution procedure shall be terminated.
Four, search the property hidden by the person against whom the application is made.
In the process of execution, there will also be cases where the respondent not only fails to perform the obligations specified in the legal documents within the time limit, but also transfers the property and refuses to explain its real estate status to the people's court. In view of these circumstances, Article 227, paragraph 1 of the Civil Procedure Law stipulates: "If the person subjected to execution fails to perform the obligations specified in legal documents and conceals property, the people's court has the right to issue a search warrant to search the person subjected to execution and his residence or property."
If, during the search, property that should be sealed up or detained according to law is found, the person subjected to execution shall seal up or detain it in accordance with the provisions of the Civil Procedure Law. If it is too late to make a ruling on seizure or detention, it may be sealed up or detained first and reissued within 48 hours.
Verb (abbreviation of verb) forces the respondent to deliver the property determined by legal documents.
If a judgment, ruling, conciliation statement or other legal documents of the people's court specify one party to deliver property or tickets, the executor shall, on the basis of doing a good job in the ideological work of the person subjected to execution, summon both parties to appear in court or go to the designated place, and the property or tickets delivered by the person subjected to execution in legal documents shall be directly delivered to the applicant for signature. If the respondent is unwilling to deliver it in person, it may also hand over the property or ticket payable to the person subjected to execution first, and the person subjected to execution will hand it over. The people's court shall notify individual citizens other than the parties to surrender their property or tickets. The people's court will enforce it according to law, and may impose a fine in accordance with the provisions of Article 103 of the Civil Procedure Law, or suggest the supervisory organ or relevant units to give disciplinary action. If the relevant units hold property or tickets, the people's court shall issue a notice of assistance in execution to them, which shall be handed over by the relevant units. The people's court may order the holder to pay compensation if the property or ticket specified in the legal document is damaged or lost due to the fault of the holder. If the party concerned refuses to pay the compensation, the people's court may order enforcement according to the actual value of the property or the actual value of the bill.
Web page link