What if the other party doesn't give the money written in the Ningbo judgment

Getting the winning judgment is only the first half of the journey, and the second half is when the other party takes out the money on schedule. Many parties thought that "the judgment will automatically arrive at the account", but after the performance period, the other party did not move, only to think of the implementation. In this paper, according to the application to implement the measures to the ground and then to deal with the transfer, the judgment of the money can not get back to the processing path clearly.

Time requirement for execution of 1. application

after the expiration of the period of performance stipulated in the effective legal instrument, the right holder shall apply to the people's court for compulsory execution within two years. This period is a "constant period" and failure to apply after the expiration of the period may result in the loss of enforcement protection. The earlier you apply, the more active you are: the other party's property status is changing at any time, and delay will only leave room for the transfer. The automatic performance period determined by the judgment is generally about 15 days after service, and the starting point shall be specified in the document.

The sooner you apply, the more active you are.

The core resource for execution is the property of the other party at the moment. A case is filed as soon as the performance period expires, which can lock in bank accounts, property and income when the other party has not yet moved. Many of the "enforcement difficulties" stem from the fact that the obligee waited for six months and a year, waiting for the other party to dispose of the property before acting.

What needs to be submitted for 2. filing

generally, it is necessary to submit an application for execution, the original or copy of the effective legal document, the identity certificate of the applicant, and the effective certificate required by some courts (the certificate has entered into force and the performance period has expired). If a lawyer is entrusted, a power of attorney and a letter from the law firm are also required. If the materials are not complete, they will be returned for correction, delaying the opportunity to file a case. Ningbo has supported the submission of enforcement applications and property clues through online channels such as Zhejiang Court Network and Mobile Micro Court. It is more time-saving to submit the materials online after they are ready.

Don't forget to open the effective certificate.

Many courts have requested the presiding judge or the trial court to issue a certificate of entry into force, proving that the judgment has entered into force and that the parties have not appealed. This step is often ignored in preparation. It is suggested that the original court be contacted to issue the judgment after it is served and submitted together with the execution application to avoid running back and forth.

What can the 3. Court do?

After filing the case, the court can initiate online investigation and control, covering banks, online funds (WeChat, Alipay), securities, vehicles, equity, etc.; Real estate can be sealed up, and income can be frozen and deducted; For those who refuse to perform, they can be restricted from consumption, included in the list of dishonesty and judicial detention. If the circumstances are serious and suspected of refusing to execute the judgment or ruling, they can be transferred to criminal law. Measures used in combination, the pressure is far greater than a single means.

Network investigation and control coverage is very wide

modern enforcement control is no longer limited to local bank cards, WeChat, Alipay, financial accounts, securities accounts are listed. The other party thought that "you can't find it when you turn to WeChat" was a misunderstanding. The provision of unsolicited lines can supplement what is not covered by the system (e. g., cash receipts, small field accounts).

How to provide 4. property clues

the applicant should not only wait for the court to check, but should take the initiative to provide the other party's known property clues: salary unit and account number, real estate address, vehicle number plate, equity company, accounts receivable, etc. The more specific the clues, the more accurate the investigation and control. It is the most practical preparation for the execution phase to keep an eye on collecting changes in each other's income and assets on a daily basis.

Daily should pay attention to the collection

in a divorce or debt dispute, information about the other party's income certificate, the object of the transfer, and the newly purchased assets may become execution clues in the future. Keeping communication records and vouchers at ordinary times is much more efficient than temporary search during execution.

5. the power of dishonesty and height limit

the consumption restriction order prohibits taking high-speed rail first-class seats or above, airplanes, staying in star hotels, and children attending high-fee private schools; the list of dishonest will affect loans, bidding, and holding corporate positions. The superposition of the two has obvious constraints on the work and life of the person being executed. It should be noted that the termination of this execution procedure (final version) does not mean the end of the case, and the property found can be resumed at any time.

The end is not the end.

If the court has not found the property available for execution for the time being, the executor may apply for the resumption of execution when he finds a new clue, which shall not be affected by the final. The end of the period should also continue to pay attention to the changes in the income and assets of the other party, rather than "give up without property".

What 6. the person being executed transfers property?

If it is found that the other party has transferred property after the judgment or during the litigation, it may claim the right of revocation or require less or no division in accordance with Article 1092 of the Civil Code; if it is suspected of refusing to execute, it may be reported to the enforcement court or the public security organ. The key is to sort out the clues and give them to the judge, and the court will take corresponding measures, so it is not appropriate for individuals to "deduct money" on their own ".

1. The clue to the judge to deal

transfer clues should include: transfer time, object, amount, voucher (flow, contract). Written materials are submitted to the executive judge to facilitate the initiation of investigative or disciplinary proceedings. Relief such as subrogation and revocation in execution need to be supported by evidence, and vague doubts are difficult to adopt. According to the Yinzhou Court's White Paper on the Trial of Marriage and Family Cases (2019-2021), WeChat and other electronic evidence has many defects in proof and is difficult to be accepted-when providing electronic clues such as transfer flow, the original carrier and complete records must be kept and notarized if necessary.

2. Whether the executed person has paid on behalf of the situation.

If the other party transfers the income to the relative's account and the consumption is paid by another person, it may be regarded as a manifestation of circumvention of execution, and the applicant may prove the payment relationship for the court to determine whether the property is substantially controlled.

3. Check after the execution payment arrives

after the execution funds are remitted to the court account, the applicant shall promptly check the amount, deduction items and the progress of distribution, and collect them after confirming that they are correct. If the amount does not match or has not been paid for a long time, take the initiative to contact the judge in charge, to avoid "to the account but can not get".

7. case proof

in practice, the compensation for the house was decided to be 700,000 yuan, but the person subject to execution had not paid it for a long time. After the application for execution was filed, the court found that the newly opened bank account had been opened and the account had been entered. The deduction was frozen according to law, and the case was substantially advanced within a few months.

In practice: the two parties have been divorced, the executed person used the new account after the divorce to hide the income, the application for the executor to provide the account clues, the court found that it is still within the scope of the enforceable property, to be sealed up and withheld, refuting the "divorce is isolation" defense.

8. Risk Alert

first, the two-year application implementation period is the same period, the expiration of the risk at your own risk, do not "wait and see". Second, the certificate of entry into force is often omitted and should be issued in advance. Third, the end of the book is not the end, found clues can resume execution. Fourth, individuals may not seize the other party's property on their own and should go through court procedures, otherwise they may be held liable.

9. FAQ

how long does it take to apply for execution?

Within two years after the expiration of the performance period. This period is unchanged, and it is recommended that a case be filed as soon as it expires, the sooner the better the property is locked up.

What do you bring to file a case?

Application for execution, instrument of entry into force, proof of identity, and proof of entry into force required by some courts. A separate authorization letter with the law firm is required for the attorney. If the materials are not complete, they will be returned for correction.

What can the court find out?

Network control covers banks, WeChat Alipay, securities, vehicles, equity, etc. Proactively provide clues to complement the parts not covered by the system.

What if the other party doesn't give it?

Can limit high, accept loss, judicial detention, serious involvement in the crime of refusal to execute. At the same time, the transfer clue is provided, and the court takes the cancellation or disciplinary measures.

Is it impossible to finish the book?

It's not. The final book only because the property has not been found, the discovery of new lines can be resumed at any time, during the period should continue to pay attention to the other party's assets.

What about the transfer of property by the other party?

You can claim the right of revocation or report the suspected refusal to execute the case according to Article 1092. Transfer the transfer clues in writing to the executive judge for processing.

10. operational steps

the first step is to contact the original court to issue a certificate of effectiveness before the expiration of the judgment. The second step is to submit an application for execution within two years after the expiration, with a list of property clues. The third step is to cooperate with the court's network investigation and control to supplement clues not covered by the system. The fourth step, the other party evades, collate the transfer of evidence to the enforcement judge, if necessary, report the case refused to execute. Step 5: Keep an eye on the other party's assets after the end of the book and apply for resumption of execution immediately when clues are found.

Eleven, lawyers actual combat experience

it is only the first half of the way to win the case, and only when the other party takes out the money on schedule can it really land. The experience of handling the case reminds that many parties thought that "the account will be automatically received after the judgment". As a result, the other party did not apply for execution until after the performance period, thus losing the best time in vain. Legally, after the expiration of the performance period determined by the effective document, the right holder should apply for enforcement within two years. This period is the same period, and if the application expires, the compulsory protection may be lost. However, the execution really depends on the current property of the other party. The property status is changing at any time. The sooner the case is filed, the more accounts, real estate and income can be locked before the other party has moved. Therefore, preparations should be started as soon as the judgment takes effect.

When applying for execution, materials can be prepared to avoid detours. Generally, an application for execution, an effective legal document and an identity certificate are required. Some courts also require an effective certificate, which proves that the document has entered into force and the performance period has expired. This step is often ignored. It is suggested that the original court be contacted to issue the application for execution after the judgment is served and submitted together with the application for execution. What is more important is to actively provide property clues: bank accounts, real estate, vehicles, equity, salary income, operating income, etc. The more specific the clues, the more accurate the court can take measures to investigate, freeze and deduct. After the case enters the execution, depending on the situation, measures such as restricting high consumption and being included in the list of dishonest persons can be promoted to gradually increase pressure.

The most difficult thing is that the person being executed continues to transfer and conceal property during the execution. In this case, we should provide the clues of abnormal punishment to the court in time, advocate the corresponding consequences, and increase the restraint by adding the person to be executed or investigating him to evade the responsibility of execution when necessary, instead of just waiting passively. At the same time, there should be reasonable psychological expectations: whether the execution can be in place depends to a large extent on whether the other party has enforceable property. Therefore, it is often more effective to keep an eye on the other party's property movement and timely preservation from the litigation stage than to remedy the execution stage. To push forward every step is the key to "getting back the money from the judgment.