(1), apply for enforcement. If the applicant is a legal person or other organization, the application for compulsory execution shall be stamped with the official seal; If the applicant is a natural person, it shall sign the application for execution or press the fingerprint. The application for compulsory execution shall not be written with a ballpoint pen or a copy.
(2) A copy of the materials proving the applicant's subject qualification. If the applicant is entrusted to apply for enforcement, the entrusted agency materials shall be provided together. Where the applicant applies for enforcement of non-court legal documents, it shall also provide the applicant's qualification certificate.
(3) One original and two copies of the effective legal document with enforcement content. The effective legal document issued by the court shall be stamped with the seal of the effective legal document of the judge. If the case is tried by two courts, the legal documents of the courts of first and second instance shall be provided; The effective legal document issued by the arbitration organ shall be accompanied by the original letter issued by the arbitration organ that the legal document has become effective or the receipt signed by both parties; The effective administrative legal documents issued by the administrative organ shall be accompanied by the service receipt signed by the parties concerned and the original evidence materials.
(4) List of property clues of the respondents. Where preservation measures are taken against the property of the respondent, a copy of the civil ruling on preservation measures shall be submitted.
What are the ways of court enforcement?
1. Inquire, freeze and transfer the deposits of the respondent.
Inquiry refers to the activities of the people's court to investigate, inquire or check the deposit of the respondent to banks, credit cooperatives and other units.
When the people's court takes freezing measures, it shall not freeze the special funds designated by the state in the bank account of the respondent. However, if the respondent uses these names to hide funds to avoid fulfilling his obligations, the people's court may freeze them. The maximum time limit for freezing the deposit of the person being executed is six months. If you need to continue to freeze, you should go through the freezing procedures at banks, credit cooperatives and other places. Before the expiration of the freeze period. Otherwise, if it is not handled within the time limit, it will be regarded as automatic thawing.
Transfer refers to the measures taken by the people's court to transfer the deposit of a legal person or other organization as the respondent into the respondent's account according to the amount stipulated in the notice of assistance in execution of the people's court. The transfer of deposits can be carried out on the basis of freezing or direct transfer without freezing.
2. Detain and withdraw the income of the respondent.
If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained. When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business. "In the practice of execution, the seizure and withdrawal of the income of the person subjected to execution is an execution measure often used by the people's courts. Detention and revocation are two closely related compulsory measures. Seizure is a temporary measure, which temporarily detains the income of the person being executed, stays in the original unit, and may not be used or transferred to urge him to fulfill his obligations within a time limit. If it fails to perform within the time limit, the proceeds can be extracted and delivered to the application executor.
3. Seal up, detain, auction or sell off the property of the respondent.
If the respondent fails to perform its obligations according to the notice of execution, the people's court has the right to seal up, detain, auction or sell off the property that the respondent should perform its obligations. The deposits and income withheld or withdrawn by the people's court, and the proceeds from auction or sale of the respondent's property shall be delivered to the application executor in time, and the execution procedure shall be terminated.
How long is the validity of the application for enforcement?
1. The parties shall apply for execution within two years after the judgment (mediation) takes effect. If there is no property available for execution during the execution, the court will generally suspend execution and resume execution after there is property available for execution.
2. The application period is two years. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply.
The period specified in the preceding paragraph shall be counted from the last day of the performance period determined by legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 463 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC).
An effective legal document that a party applies to a people's court for execution shall meet the following conditions:
(1) The subject of rights and obligations is clear;
(2) The payment content is clear. If the legal document determines to continue to perform the contract, it shall specify the specific content of continuing to perform.