Ten tricks for inquiring the account of the executed person
First of all, it is necessary to clarify the asset category of the executed person: the executed person includes natural persons and legal persons. The assets (property) of natural persons and legal persons are different in form and quantity, but they are similar. The assets (property) of the person subjected to execution include: fixed assets (movable property and immovable property); Cash; Equity investment (stocks and warrants of listed companies); Securities purchased, including financial bonds and corporate bonds; Advance payment; Maturity and unexpired creditor's rights; Other accounts receivable; Intangible assets, including trademarks, patents, goodwill, copyrights, copyrights, etc.
How can we find out the property transferred or hidden by the executed person? There are few court executors and many cases. The enforcement court will often ask the applicant to provide the property clues of the executed person, and the applicant will often entrust a professional lawyer to investigate the property clues of the executed person. Lawyer Lu of Hebei Sanhe Times Law Firm made a simple arrangement, hoping to give some help to those creditors who are troubled by the difficulty of enforcement.
1. applicant mining
The contract, letter and fax signed by the applicant and the person subjected to execution, whether the person subjected to execution has a website, the address or office place of the person subjected to execution, contact information, movable property, real estate, various incomes, creditor's rights, bank account number and other basic information, property preservation, as well as certification materials, the whereabouts of the person subjected to execution and hidden property clues.
The lawyer shall inform the executor of the application of the consequences of not providing evidence. That is, if the applicant for execution cannot prove that the person subjected to execution has property available for execution, the people's court will suspend execution on the grounds that the person subjected to execution has no property available for execution. When discovering the property of the person subjected to execution, inform the person subjected to execution to apply for the right of prior seizure.
Understand the spouse's situation: name, whether there is a fixed work unit and income, and prepare for the additional executor.
Attention should also be paid to the property owned by the person subjected to execution and other people, as well as the property with guarantee or other priority compensation.
2, outsiders report or reward report:
Inform the person subjected to execution that he can apply for compulsory execution by offering a reward. That is, if the case cannot be executed because the whereabouts of the person subjected to execution are unknown or the property of the person subjected to execution cannot be found, the application executor may apply for compulsory execution by offering a reward, and encourage relevant insiders to provide the property status of the person subjected to execution or his due creditor's rights. At the same time, the executor of the application shall be clearly informed that if the application for execution is made by offering a reward, a written application must be submitted, indicating the reward method and amount, and the announcement fee must be paid. Inquire about the creditor's rights from the related party of the person subjected to execution.
3. Obtain it from the person subjected to execution.
(1) Cheating money: When the author acted as an agent in Baoding, because the executor was a real estate company, we found out that there was a hotel owned by the executor after consulting the industrial and commercial files, so we lied that it was a business trip from other places and asked for an account number on the grounds that the money was not enough. Our company called directly, and the service staff at the front desk asked the manager and gave us an account number. Then we and the executive judge rushed to the bank to ask.
(2) Arrange the informant to enter the unit where the person subjected to execution works.
(3) Track the cashier of the executed person and find the bank with money in the account.
(4) The vehicle often stops in front of the person being executed.
(5) the bank near the unit or home address of the person subjected to execution.
4. Lawyers should take the initiative to find out:
The industrial and commercial archives inquire about the bank, account number, equity, subsidiaries, branches, shareholder ID number, residential address, capital verification report, whether the shareholder's capital contribution is false, in place, whether there is any withdrawal of capital contribution, etc. When the person subjected to execution pays the water fee, electricity fee, tax and other relevant departments, the intellectual property can be inquired from the State Trademark Office and the Patent Office, and the real estate mainly inquires from the administrative departments of land, real estate, state-owned assets and forestry.
5. Actively assist the people's court to investigate and apply to the people's court to issue a property investigation order to the lawyer.
Some or all courts in Beijing, Shanghai, Zhejiang, Hunan, Chongqing and other provinces and cities have been executed.
All right. For some property clues that cannot be verified or investigated for objective reasons, as an alternative.
The administrator shall provide the court with property clues and actively assist the court in investigation and execution.
Ten tricks for inquiring the account of the executed person
The first move is to inquire about the account opening of the executed person in basic deposit account in the accounting department of the People's Bank of China, and the units with foreign currency business inquire about the account opening of foreign currency accounts in the Foreign Investment Department of the People's Bank of China.
The second trick is to go to the industrial and commercial bureau to inquire about the basic situation of enterprises, including the account opening of enterprise banks, the audit reports of foreign-funded enterprises and private enterprises, from which you can inquire about the deposit and loan banks of enterprises.
The third measure is to go to the IRS to inquire about the enterprise's VAT payment account.
The fourth measure is to go to the local taxation bureau to inquire about the income tax or business tax paid by the enterprise.
The fifth measure is to go to the telecommunications bureau to find out which account the enterprise telephone bill is paid from (suitable for large enterprises and their groups).
The sixth trick is to go to the water company and the gas company to inquire about the accounts of the utilities paid by the enterprise.
Seventh, go to the electric power bureau to inquire about the enterprise electricity bill payment account.
The eighth trick is to talk about business by phone as a buyer and ask the other party to transfer the money to that account. (This move is hard to prevent)
The ninth trick is to check the bank through the bank, and find out the whereabouts of the other party's funds by checking the bank's current accounts and documents.
The tenth trick is to inquire about the deposit situation of the enterprise through the bank where employees pay wages.