1. Inquire, freeze and transfer the deposit of the executed person.
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.
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.
2. Detain and withdraw the income of the respondent.
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. 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.
Extended data
Court execution procedure
1, application
The parties must perform legally effective civil judgments and rulings and criminal judgments and rulings. 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.
2. Court acceptance
If the parties or interested parties think that the enforcement act violates the law, they may file a written objection to the people's court responsible for enforcement. If a party or interested party raises a written objection, the people's court shall conduct a review within 05 days from the date of receiving the written objection. If the reason is established, it shall be revoked or corrected; If the reason cannot be established, the ruling shall be rejected.
3. Apply for reconsideration
If a party or interested party refuses to accept the award, it may apply to the people's court at the next higher level for reconsideration within 10 days from the date of delivery of the award. If the people's court fails to execute the application for execution for more than six months from the date of receiving it, the applicant for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.
4. Issue a notice of execution to the person subjected to execution.
After receiving the application for execution or the execution transfer, the person subjected to execution shall issue a notice of execution to the person subjected to execution, ordering him to perform within a time limit, and if he fails to perform within the time limit, he shall be enforced. If the person subjected to execution fails to perform the obligations specified in the legal documents and may conceal or transfer the property, the person subjected to execution may immediately take compulsory measures.
Step 5 take coercive measures
When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, a written record of execution shall be made and signed or sealed by the relevant personnel present.