Guangzhou Court Enforcement Lawyer

To apply for compulsory enforcement, the following conditions and materials are required: 1) An effective legal document — such as a civil judgment, mediation agreement, arbitral award, notarized enforcement instrument, etc.; 2) The other party fails to perform within the time limit specified in the legal document; 3) The application shall be filed within the statutory time limit (2 years from the date of expiration of the performance period); 4) Submit to the court of first instance or the court at the place where the property subject to enforcement is located. Application materials generally include: enforcement application letter, effective judgment document, identity certification of the applicant, evidence of the respondents property clues, etc. It is recommended to entrust a professional lawyer to handle it to improve efficiency and success rate.

Even if the other party appears to have no property, you should still apply for enforcement in time, because the other partys financial situation may change. During enforcement, the court will investigate bank accounts, real estate, vehicles, equity, etc. under the other partys name through the network enforcement check and control system. If no property available for enforcement is found after investigation, the court may decide to terminate the enforcement procedure and add the other party to the list of dishonest persons subject to enforcement and restrict high consumption. After termination, if new property clues of the person subject to enforcement are discovered, you may apply for restoration of enforcement at any time.

Under the Civil Procedure Law, if the person subject to enforcement refuses to perform the obligations determined by the effective judgment without justified reasons, the court may take measures such as fine or detention according to the circumstances; if the circumstances are serious and constitute the crime of refusing to execute a judgment or ruling, criminal responsibility shall be investigated in accordance with the law. Judicial detention is generally 15 days or less. Whether detention measures are taken depends on the specific circumstances, such as whether the person subject to enforcement has the ability to perform but refuses to perform, has evidence of property transfer, evades enforcement, etc. A lawyer can apply to the court for detention measures or report the case to the public security organ.

If the other party maliciously transfers property to evade enforcement, you can take the following measures: 1) Exercise the right of revocation — if the person subject to enforcement gratuitously transfers property or transfers at an obviously unreasonable low price, which harms the creditors rights, the creditor may apply to the court to revoke the transfer act; 2) Apply for enforcement against third parties — if the property is transferred to a third party with knowledge, you may apply for enforcement against the transferee; 3) Report refusal to execute a judgment — if the circumstances are serious, the other party may constitute the crime of refusing to execute a judgment or ruling; 4) Additional enforcement subjects — if the transfer is related to a related enterprise or spouse, you may apply for additional enforcement of the relevant subjects. The key is to preserve evidence of the property transfer in a timely manner.

Under Article 246 of the Civil Procedure Law, the time limit for applying for enforcement is two years. The suspension and interruption of the time limit for applying for enforcement apply the relevant provisions on suspension and interruption of the statute of limitations. The time limit is calculated from the last day of the performance period specified in the legal document; if the legal document provides for performance in installments, it is calculated from the last day of each performance period; if the legal document does not specify a performance period, it is calculated from the date on which the legal document takes effect. If the application is filed beyond the time limit, the court will still accept the case, but the other party may raise a defense of the time limit, which may result in the dismissal of the enforcement application.

Courts can take various enforcement measures, including: 1) Query, freeze, and allocate bank deposits; 2) Seal up, distrain, freeze, auction, and sell off the property of the person subject to enforcement; 3) Withhold and collect the income of the person subject to enforcement; 4) Search for hidden property; 5) Compel delivery of property or documents specified in the legal document; 6) Compel performance of the act specified in the legal document; 7) Include the person subject to enforcement in the list of dishonest persons subject to enforcement and restrict high consumption; 8) Fine or detain the person subject to enforcement who refuses to perform; 9) Restrict exit, etc. The specific measures depend on the type of property and the circumstances of the case.

An enforcement objection refers to a written objection raised by a party or interested party to the court if they believe that the enforcement act violates the law during the enforcement procedure. Enforcement objections include: 1) Enforcement procedure objection — raised by the parties or interested parties regarding illegal enforcement acts or methods; 2) Third-party enforcement objection (objection to the subject matter of enforcement) — raised by a third party who claims rights to the subject matter of enforcement. The court shall review the objection within 15 days. If the objection is upheld, the relevant enforcement act shall be revoked or corrected; if it is rejected, the objector may apply for reconsideration or file an enforcement objection lawsuit according to law.

It depends on the specific situation: 1) If the debt is a joint debt of husband and wife, the joint property of the spouses can be enforced, and enforcement may also be filed against the spouse; 2) If the debt is the personal debt of one party, only the property share of the person subject to enforcement in the joint property of the spouses can be enforced, and the property of the other spouse cannot be directly enforced; 3) If the judgment only determines that one party is liable, but the other party is not a defendant, you generally cannot directly enforce the other partys property, but you may need to file a separate lawsuit to confirm the joint debt or file for additional enforcement. The specific situation requires comprehensive judgment based on the nature of the debt, property ownership, and judgment content.