1. Methods to find clues about the debtor and its property (1) Check the debtor’s financial statements, check the corporate accounting statements and other financial information submitted by the debtor when applying for credit or during credit inspection, and search for the debtor’s external investments, Inventories, accounts receivable, etc. (2) The debtor’s property information disclosed by news media, intermediaries or government departments Pay close attention to the information on the debtor’s investment, operations or property changes disclosed by local news media, intermediaries or local government departments, such as quarterly reports and mid-term reports released by listed companies. Reports, annual reports, etc. (3) Obtain property information through communication with the debtor’s internal staff. Understand and grasp information on the debtor’s major investments, major transactions and major property changes, including accounts receivable and maturing claims, through communication with the debtor’s internal staff or transaction counterparties. wait. (4) Understand the debtor's accounts receivable and prepayments through the debtor's customers; obtain property information through various internal departments and institutions of the bank; obtain property information through public or semi-public rewards. (5) Go to the public property management and registration authority to search for property clues 1. Go to the real estate and land registration management department to search for the debtor’s real estate (real estate); 2. Go to the transportation registration and management department to search for vehicles, ships, aircraft and other transportation vehicles Tools; 3. Go to the debtor’s production and business premises to search for complete sets of equipment or inventories and other general movable property; 4. Go to the People’s Bank of China, the industrial and commercial department, and the taxation department to search for the debtor’s bank account or deposit; 5. If investing in the equity of a listed company, go to the listed company to list it Search the Shanghai or Shenzhen branch of the Central Securities Depository and Clearing Corporation. If you invest in the equity of an unlisted company, go to the industrial and commercial department where the unlisted company is registered; 6. Go to the State Trademark Administration, the Intellectual Property Office and other intellectual property management departments to search for trademarks. , patents and other intellectual property rights; 7. Go to the customs to search for supervised objects and bonded goods; 8. Go to the treasury bond registration and custody agency to search for treasury bonds; 9. Go to the industrial and commercial administration department to read the debtor's establishment registration, equity registration and annual inspection data, etc., to discover property clues. 2. Methods to deal with Lao Lai 1. Apply for seizure (including pre-seizure) Seizure measures are generally required for visible and tangible physical objects, such as land, houses, etc. The inspection and control measures for the subject matter that has a certificate are called seizure, and the inspection and control measure for the subject matter that has not been certified is called pre-seizure (which will be converted to seizure after the certificate is obtained). 2. Apply for freezing measures to take on equity, income, deposit accounts, claims receivable (due or undue), etc. 3. Application for seizure: Measures mainly taken against movable property, such as vehicles, products, raw materials, etc. 4. Application for transfer: Measures taken against deposits, wages, dividends and other funds that actually exist in financial institutions. 5. Apply to withhold (restrict withdrawals) income to take pre-control measures against distributions, execution funds, wages, dividends, dividends, dividends, rental income, incidental income, etc. that may occur in the future. 6. Apply to withdraw income. For the above-mentioned income that already exists in the person assisting the execution, you can apply to the court to withdraw the income, and require the unit or individual responsible for assisting the execution to allocate the funds to the court. 7. Application for forced delivery is less common in cases of recovering bad debts. Sometimes it is necessary to force the delivery of property or bills belonging to the old debtor that are kept by a third party. 8. Application for compulsory eviction of a house or withdrawal of land can be applied to cases of house sale, house leasing, lease cancellation or occupation disputes. It can also be applied to requiring the user (occupier) to vacate the house after the court decides to auction, sell off or pay off the debt. (land). 9. If the application for the transfer of property rights certificates requires the transfer of property rights certificates, land certificates, forest rights certificates, patent certificates, trademark certificates, vehicle and vessel licenses, equity and other related property rights certificates during the execution process, the creditor or buyer should apply to the court. The unit with the obligation to assist issues an execution ruling and handles it in a timely manner. 10. Apply for appraisal, auction, and sale to dispose and realize property that has been investigated and controlled by the court. 11. Apply to participate in distribution. If you are a natural person or other organization, you can apply to participate in distribution when there is execution money in another case. 12. Apply for subrogation. If the debtor fails to exercise his or her creditor's rights, he or she may apply to the court to issue a notice to perform the due debt. If the debtor has no objection or the objection is not established, the creditor may apply for subrogation.
If Cilaolai has objections to the performance of due debts and the debt has not been adjudicated, the creditor can file a subrogation lawsuit; if the debt has been adjudicated, Cilaolai's objection is invalid, and the creditor can directly apply for subrogation (Note: If Laolai Those who have not yet applied for execution must apply to the court to request them to apply for execution within a reasonable period, otherwise they will be directly forced to perform subrogation or apply for combined execution). 13. Apply for freezing of unexpired (or pending) creditor's rights, apply for court ruling to freeze, the sub-debtor shall not pay off (including reconciliation) to Lao Lai, and the debtor cannot dispose of the creditor's rights (transfer, give up, reconcile), and file with the court at the expiration of the performance period Withdrawal and deposit, such as project payment, rent, or other claims under litigation, etc. 14. When applying to change or add the execution subject Laolai, if Laolai is divided, merged, contracted, affiliated, or renamed, or if Laolai disappears, inherits, etc., Laolai’s debts can be used for family expenses, his spouse (family member) can be added as Laolai. Lai, debt transfer, Lao Lai's superiors or related persons receiving and transferring Lao Lai's property for free, false capital contribution or withdrawal of capital, failure to liquidate according to law, etc. Lao Lai does not have legal personality (such as self-employed, partnership), etc. You can apply to change or add execution entities in accordance with the law. 15. Application for declaration of property: The court orders Laolai to declare his property on his own initiative. When making the declaration, he must submit to the people's court a list of assets, a list of debts, accounts receivable vouchers, information on the receipt of the company's registered capital, annual industrial and commercial audit reports, tax reports and financial account books, etc. material. 16. Apply to investigate the property situation. Apply to the court to conduct "five investigations" on Laolai, mainly covering industry and commerce, land, banking, vehicles, securities, etc. With the advancement of Internet technology and the linkage of various departments, it is believed that in the near future the court will quickly grasp and control the above-mentioned properties of the person subject to execution in a very short period of time. 17. Apply for investigation and evidence collection. Apply for investigation of account flow: If there is evidence that a large amount of money often enters and exits an account of Laolai, or it is suspected that Laolai’s money mainly enters and exits through this account, or it is suspected that Laolai transfers a certain amount of money after receiving the payment. To transfer, you can apply to the court to send a letter to the bank to withdraw the running water of the account, find out the incoming and outgoing money, and find out the related enterprises. If it is to avoid execution, you can apply for additional execution subjects or take corresponding measures (right of revocation, right of subrogation, right of pursuit, etc.) legal liability for obstructing execution). There is also an application for the court to investigate and collect evidence from the relevant state-owned assets office, restructuring office and other agencies on the handling of claims and debts of the restructured enterprise (debtor). 18. If you apply for a court search warrant for a Laolai who is still operating normally and has sound financial account books, you can apply for a court search warrant to forcibly search the office or business location of the person being executed, and force you to hand over relevant property (or even dig up the Laolai’s insurance). cabinet). 19. If the applicant who applies for judicial audit is still operating normally and there is evidence that there is still a large amount of income recently or the person refuses to explain the whereabouts of a large amount of income, he or she can apply for an audit (but the application must indicate that the applicant is willing to advance payment for the audit) cost). 20. Apply for a reward. The Supreme Court and local courts have similar regulations, but there seems to be no implementation. However, it affirms the legality of the measure and suggests that more research and adoption be done. If Lao Lai has "enemies", sometimes he will get unexpected results.