How to check whether the property is preserved?
1. Querying debt property depends on the type of property. If it is a movable property such as a car, you can go to the vehicle management office to inquire. If it is a real estate, you need to apply for a court inquiry. Individuals cannot query. If it is a bank deposit, you need to apply for a court inquiry.
Second, property preservation is divided into property preservation in litigation and property preservation before litigation.
The applicable conditions of pre-litigation property preservation are: 1. The application for property preservation before litigation must have the content of payment, that is, the applicant's future litigation request has the content of property payment. 2. In case of emergency, failure to take corresponding preservation measures immediately may cause irreparable losses to the legitimate rights and interests of the applicant. 3. The interested party applies for pre-litigation property preservation. 4. The applicant for pre-litigation property preservation must provide guarantee. Taking property preservation in litigation should meet the following conditions: first, a case that requires property preservation in litigation for disputed property must be a lawsuit of payment, that is, the creditor's rights in this case have the content of property payment. Second, the future effective judgment cannot be executed or is difficult to execute due to subjective and objective factors. Third, property preservation in litigation occurs after the civil case is accepted and before the court makes an effective judgment. Fourth, property preservation in litigation should generally be submitted by the parties in writing. Fifth, the people's court may order the parties to provide a guarantee.
Third, according to the specific implementation content of legally effective documents, the civil obligor is forced to perform his obligations to ensure the realization of the creditor's rights. The legally effective documents include, but are not limited to, civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, and payment orders. Once it takes effect, the debtor shall perform it automatically. Refuses to perform, the creditor may apply to the people's court for compulsory execution.
Finding the debtor's property is the key to whether the creditor's interests can be finally guaranteed. According to the law and relevant judicial interpretations, finding the debtor's property is not only the responsibility of the court, but also the right of the creditor. Creditors should also actively find ways to cooperate with the court to find the debtor's property clues for their own interests. Bank accounts have advantages that other properties do not have, especially their storage and execution are very convenient and fast. Therefore, in many cases, the creditor takes finding the debtor's bank account as the first choice. Now, combining the experience of handling cases and circulating on the Internet, I will sort out the search methods, hoping to get advice from my peers.
First, the first is to use the debtor's account number that the creditor has already mastered. When there is a creditor-debtor relationship between the creditor and the debtor, especially when there is economic exchange between the creditor and the debtor, the creditor can often grasp the debtor's information about the joint account. In many cases, the creditor and the debtor will provide each other with a common account information when signing a contract. Even sometimes, the debtor will publicly introduce his account information in business cards, corporate profiles, advertisements and other media.
Second, apply to the court to inquire about the debtor's bank account. The People's Bank of China is the administrative organ in charge of banking business and account management. According to the regulations of the People's Bank of China, the account opening is managed by the People's Bank of China. Now, the People's Bank of China has established a system that can query the accounts opened by natural persons in commercial banks and the basic deposit account opened by legal persons. Unfortunately, at this stage, the system is not open to the public, and neither creditors nor lawyers can systematically inquire about the debtor's account. Only the court and other state organs have the right to investigate the account, so they can apply to the court and ask the court to inquire at the local people's bank. In addition to basic deposit account, legal persons sometimes open temporary accounts, general deposit accounts and special accounts. According to the regulations, the opening of temporary accounts must also be approved by the local branch of the People's Bank of China. With the approval of a commercial bank, an enterprise may open a general deposit account or a special account, but the opening bank shall file with the local branch of the People's Bank of China within 5 working days from the date of opening the account. But in reality, some commercial banks are lazy to put on record. In this case, the court can also use the census to inquire about the debtor's account in the local commercial bank. Although this method is time-consuming and laborious, it can often achieve ideal results.
Third, inquire about the debtor's account in the industrial and commercial and tax departments of the debtor's jurisdiction, or inquire about its account in the relevant administrative departments by using the fees paid by the debtor for water, electricity, gas, insurance, post and telecommunications, etc. Enterprises and units shall keep files in the tax departments of industrial and commercial households. Industrial and commercial registration in industrial and commercial archives and tax registration in tax archives all record the account information of enterprises. Now most of the taxes are paid through banks. Natural persons or legal persons cannot live without water, electricity, gas, insurance, post and telecommunications in real life or business activities, and need to pay the above fees. If the debtor pays the above fees by bank transfer, the creditor may inquire about the payment information of the enterprise from the telecom, postal and water and electricity enterprises to obtain the account information of the enterprise. Because the above account is used in the actual life of natural persons or the business activities of legal persons, although the account has only a small balance in general, if it can be discovered and controlled, it can at least give the respondent an invisible pressure, which is completely conducive to execution or preservation.
Fourth, inquire about the debtor's export tax rebate account. For enterprises with export qualifications, there is often an account dedicated to export tax rebate. Information about this account is usually relatively easy to find. And the deposit balance is often relatively large. If the enterprise still has outstanding export tax rebate, the creditor can not only directly preserve or execute the account, but also directly preserve or execute the outstanding export tax rebate. This is of great significance to protect the rights of creditors.
Fifth, inquire the debtor's special accounts such as pension, pension and social insurance. If the debtor is a natural person, there will often be a special account for pension, pension and medical insurance. Although these accounts are proprietary, they are difficult to realize. But it is not completely unenforceable. Under certain conditions, these accounts can still be executed as long as a certain amount of necessary deposit balance is left for the debtor.
Sixth, find the debtor's stock, futures, gold trading and other financial trading accounts. Whether it is a natural person or a legal person, it is very common to buy and sell stocks, futures, gold and so on. These trading accounts are all related to a bank account. If debtors engage in the above financial transactions, they can track the corresponding bank accounts through their trading accounts.
Seventh, inquire about the account used by the secondary debtor when fulfilling the obligation to pay the debtor. In the economic society, the creditor-debtor relationship between different civil subjects is very complicated, and the debtor of one creditor-debtor relationship may often be the creditor of another creditor-debtor relationship. The debtor of the debtor is a secondary debtor. According to the relativity of creditor's rights, secondary debtors are often not directly liable to creditors. For their own benefit, most debtors will provide real and effective accounts to secondary debtors (except for some debtors who collect money in the name of others). Creditors pay attention to this account and often have unexpected gains. At the same time, because the debtor can also directly exercise subrogation or take preservation measures against subordinate creditor's rights. To find the creditor account held by the secondary debtor, we must first find the secondary debtor. At present, many courts have published court information, and some courts will also publish it online. Creditors can inquire whether their debtors are plaintiffs or enforcement applicants in a case through public channels, and then notify the court to find secondary debtors. In addition, we can also find the secondary debtor through the debtor's business activities, civil disputes and other known information. If the secondary debtor cannot be found, or the cost of finding the secondary debtor is relatively high, or the secondary debtor does not cooperate, the creditor has another way-to build a secondary debtor and see if it can obtain the debtor's useful account information through small-scale performance.
Eighth, online trading account inquiry. Nowadays, online trading is very common, and many people have one or more online trading accounts. By searching the online account, the debtor's real account can be further found. Network accounts also have property attributes and can be directly executed.
Ninth, inquire about the accounts kept by the debtor or known to other creditors. The debtor of the creditor-debtor relationship can be either the creditor of other creditor-debtor relationships or the debtor of other creditor-debtor relationships. Due to the compatibility of creditor's rights and the limitation of debtor's property, there is often a certain competitive relationship between debtor's creditors, and people who master debtor's property generally do not take the initiative to tell other creditors about their property information. But this is not absolute. Under certain conditions. It is still possible for creditors to obtain debtor account information from other creditors. In addition, if another creditor realizes his creditor's rights through court enforcement, other creditors can find their own account information of the debtor through the enforcement court. You can find the information of the debtor's other creditors through the debtor's related litigation. The Supreme People's Court has now published the information of cases that have entered the implementation stage on its website. As long as the creditor enters the website of the Supreme People's Court, he can find out the information of other debtors' enforcement cases. Then find the enforcement court and the enforcement judge and contact the creditors to see if they have information about the debtor's account. Even if other creditors do not have the debtor's account information, the cooperation of creditors can at least share part of the cost.
Tenth, check from the bank account where the debtor performs the deposit or guarantee. If the debtor has a case of enforcement in the court, according to the current law, it must provide a guarantee. Some local courts recognize letters of guarantee. The creditor can find the account provided by the bank guarantee or the execution bond provided by the debtor to the court through the court.
Eleventh, look up account information from the debtor's accounting books. Creditors may apply to the court for consulting the debtor's accounting books according to law, and then search the debtor's account information. If the debtor refuses to provide the relevant account books to the court, the court may search the debtor's financial department or the debtor's residence or business premises or habitual residence according to law. You can also find the debtor's account information from relevant accounting firms, audit firms and other units. The court may also order the debtor to provide account information to the court voluntarily. If the debtor refuses to provide or provides false information, the court may take further measures against the debtor on the grounds of obstructing judicial justice.
Twelfth, inquire about the accounts closely related to the debtor's known accounts. Some debtors often set up multiple accounts in order to avoid their responsibilities. Some public accounts are often closed. Once there is a balance in the public account, the debtor transfers it to other secret accounts, which are often not opened in the debtor's own name or name. If the debtor's public account is tracked, it is found that he often transfers money to an account abnormally. You can apply to the court to investigate the transferred account. If it is found that the account is indeed the debtor's secret account, the account can be directly executed or security measures can be taken for the account.
Thirteenth, apply to the court to search the debtor's domicile, habitual residence, actual business premises and other places to find clues about the account. None of the above methods works. You can apply to the court to search the debtor's residence, habitual residence, actual business premises and other places where property may be hidden, find some clues to the debtor's account, and then find the debtor's secret account.
Fourteenth, check the debtor's account by criminal or administrative means. The creditor knows that the debtor has tax evasion and other illegal and criminal acts. It is best to report the case to the relevant authorities immediately. This is not only the obligation of every citizen, but also the fact that the relevant authorities can often find some secret accounts or other property of the debtor in the process of detecting cases. In addition, when debtors evade debts, they often involve illegal and criminal acts. For example, if he has the ability to execute, he may violate the criminal law and constitute a crime of refusing to execute an effective judgment or ruling. Although in this case, the creditor may suggest that the court transfer the case to the public security organ or report the case directly to the public security organ.
Fifth, creditors can also investigate the debtor's account information within the scope permitted by law through legal means such as offering a reward announcement. Reward announcement is a good way to find debtor's account information. Creditors may apply to the people's court with jurisdiction, requesting the court to collect the debtor's account information and other information from all walks of life in the form of an announcement. Once the report is found to be true, the whistleblower will be given a certain material reward. Creditors can also take the initiative to collect the debtor's account information from the society in their own name. What is summarized above is the search for bank accounts. In fact, some of these methods can also be used to find other assets of the debtor. Such as movable property, real estate, creditor's rights, bonds, etc.