1. Let the person subjected to execution declare by himself;
2. Provided by the application executor;
3. Court investigation;
4. Offer a reward for reporting.
In general, the investigation of property mainly includes the following properties:
1. Real estate such as land use rights and houses;
2. Income, bank deposits, cash, wealth management products and securities;
3. Movable property such as transportation tools, machinery and equipment, products and raw materials;
4. Property rights such as creditor's rights, equity, investment interests, fund shares, trust beneficial rights and intellectual property rights;
5. Other properties.
I. Asset category of the person subjected to execution
The person subjected to execution 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; Creditor's rights; Other accounts receivable; Intangible assets, including trademarks, patents, goodwill, copyrights, copyrights, etc.
second, how to grasp the asset clues of the executed person
It is a hard and trivial job to investigate and grasp the asset clues of the executed person. After defining the object of execution, we should make a basic understanding and analysis of the situation of the executed person, such as the scale of the assets of the executed person, the main forms of assets, the personality characteristics, family members and social relations of the executed person. If the person subjected to execution is a legal person, it is necessary to find out the basic business scope, business scale, main business partners, enterprise benefits, enterprise historical evolution, members of the leadership team, especially the personal situation of the main leaders. Through the above investigation and analysis, the purpose is to find out the distribution and possible storage location of the assets of the executed person. At the same time, as much as possible to master the relevant information of the person being executed, such as personal identity card, business license, enterprise code, etc., and as much as possible to collect the possible asset information of the person being executed, such as partners, investments, etc. Some information is secret to outsiders, but in fact, insiders know it, and they can master it with a little inquiry.
After mastering the above situation, the person subjected to execution can be investigated by dragnet, centering on the region where he is located:
1. Check the real estate under his name at the local housing management bureau and land management bureau;
2. Investigate the basic deposit account opened by the local people's bank; Investigate the deposit accounts and other accounts opened by commercial banks. At present, major commercial banks are networked nationwide. As long as they provide their names and identity cards, they can know the account opening of the executed person in the same bank in all parts of the country.
3. Through the securities registration companies of Shanghai and Shenzhen stock exchanges, we can find out the account opening and the amount of cash and stocks in the securities business department of any securities company in China.
4. master the situation of industrial companies invested by them. In the city administration for industry and commerce where the person subjected to execution may invest in the establishment of an industrial company, the name can be used to "select the industrial company with or without investment". At present, the industrial and commercial departments in many parts of the country provide inquiries about external charges. As long as the investor's name and certificate number are provided, the enterprises under his name can be quickly found. However, at present, only the enterprises under the name of the legal representative can be found, and some efforts should be made to check the shareholders.
5. Investigate the vehicles under the name of the person subjected to execution in the local vehicle management department.
6. Investigate the financial statements, corporate profits, corporate assets details and other relevant information of the enterprise subject to execution through its finance and local tax, industry and commerce and other government functional departments. In short, we should touch all the places where we can store our assets. What needs to be particularly emphasized is that banks and relevant functional departments keep personal information of citizens confidential and generally do not provide it for external inquiry. In this regard, a scope can be determined and submitted to the executive department of the people's court for verification. Or by other means.
3. Matters needing attention in sealing up or executing the assets of the person subjected to execution
1. It must be clear that the assets under the name of the person subjected to execution must be investigated. The execution of civil litigation is different from the recourse of criminal cases. Civil cases require that the assets under the name of the person subjected to execution must be executed. If the assets are controlled or used by the person subjected to execution, but they are not under his name, the court cannot execute them. Therefore, when investigating asset clues, we must find out the object and find the assets under the name of the person being executed.
2. Assets can be moved at any time, especially negotiable securities such as cash and bonds, which are more liquid. Therefore, we should pay attention to confidentiality when we find the asset clues, and communicate and connect with the executive judge at any time, so as to grasp them at any time, seal them up at any time and execute them at any time. For some large-scale executors, they are inextricably linked with local governments and banks; Considering its own interests, banks are particularly reluctant to freeze and execute their deposits. Therefore, even if there is an executive judge of the court present, they should carefully design and act properly, otherwise they will be busy in vain. There was once a client who refused to listen and thought that everything would be fine if he took the judge to execute it. As a result, they and the judge entered the front door of the bank and were recognized by the bank. A phone call was made and the money was taken away by the executor. By the time the executive judge finds the office, the competent governor and then comes back to execute it, the account is already empty.
3. Find out how much and execute how much, and don't expect "one step at a time". The debtor's inability to repay the debt is mostly related to the poor efficiency of the enterprise. Market competition is cruel. Because most enterprises use leverage effect in the use of funds, once the capital chain of enterprises is broken, the sales are often blocked, and the creditors are crowded, so it is difficult for enterprises to make a comeback. In this case, you can get as much as you can. Once, a company returned a Volkswagen Passat. The company leaders thought that the car was too worthless and the amount of debt offset by the car was too large. They returned the car and asked the other party to use other assets to offset it. Unexpectedly, the assets of that enterprise were immediately seized by another creditor, and the enterprise was insolvent and closed down. Finally, even a broken car was not taken back.
4. Admit the loss and the reality. The money can't be recovered as scheduled. No matter what the reason, we must admit the reality and the loss is certain. What we have to do now is to minimize the loss as much as possible. Many creditors are unwilling to admit this, and always hope that the other party can be fully executed, with interest and even hope that the other party will compensate for the losses. This kind of mood is understandable, and it is not impossible for the executor with better asset quality. But generally speaking, we should be objective and practical, knowing that today's loss is the result of carelessness at the beginning, and it is to pay for the oversight and carelessness at the beginning. If you think about it this way, you will not only feel much better, but also bring more ways to implement it.
I hope the above contents are helpful to you. If you have any questions, you can consult a professional lawyer.
Legal basis: Article 243 of the Civil Procedure Law
A legally effective civil judgment or ruling must be fulfilled by the parties. 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 executor for execution.
conciliation statement and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Article 245
If one party fails to perform the creditor's rights document which has been given compulsory enforcement effect by the notary office according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court that has applied for enforcement shall do so.
if the notarized creditor's rights document is indeed wrong, the people's court will rule that it will not be executed, and the ruling will be served on both parties and the notary office.