Winning a lawsuit should not just stop at the winning verdict, but also how much property the defendant (person subject to execution) can ultimately be executed. Property preservation is basically done in the cases we represent. That is, before the lawsuit is filed, I will seize and freeze the defendant’s house, car, bank deposits and other properties to prevent the defendant from transferring property and evading debts during the litigation process, until we win the case. After the judgment is made, you can apply to the court to deduct the bank deposit of the defendant (called the person subject to execution during the execution stage), and auction the house, car, etc. of the person subject to execution.
Execution of settlement During execution, the subject owner can reach a settlement agreement with the other party on his own, which must be signed or sealed by both parties. Otherwise, the court will carry out exhaustive enforcement and withhold and withdraw part of your income after retaining the expenses necessary for your family life. And the court can also do the following: 1. Ask your unit, village committee, neighborhood committee, neighbors, relatives and friends about your family income, real estate, vehicles, etc.; 2. Inquire with the bank, industrial and commercial administration, etc. where you live. House property rights management and other departments will investigate bank deposits, stocks, securities, maturing claims, and starting businesses;
Apply for one round of execution. This round does not require property clues, and the purpose is to keep the person subject to execution for life. In terms of debt and statute of limitations, the general court will issue a ruling to terminate the execution after investigating that the person subject to execution has no property available for execution. Don’t panic, keep the ruling in hand. You can apply for resumption of execution at any time if you have property clues in the future.
If the defendant lends you money, he does not have the property to repay it. This is easy to handle. 1. According to Chinese law, personal IOUs are valid for 3 years. To prevent the IOU voucher from becoming invalid, you can sue first. 2. Apply for execution after the judgment takes effect on the 15th. This way the IOU voucher will not become invalid. If there is property, it will be executed; if there is no property, it will be suspended. Wait until the defendant has property to apply for resumption of execution.
After filing a lawsuit, you can choose to go to court to respond. If you do not go after the court summons, the court will make a default judgment and you will also receive a judgment issued by the court. If you have no property and are therefore unable to fulfill the obligations set out in the judgment after receiving the judgment, the creditor will apply to the court for enforcement. At that time, the court will check whether you have property. If not, the execution may be suspended. After you have property, the creditor can apply to resume execution. Unless you have no property, execution will eventually be terminated.
As for the fact that you have no property in your name and have a family to support, this is an issue that should be taken seriously during the implementation stage. After the judgment is issued, you should take the initiative to explain your financial situation to the execution chamber of the court, and truthfully declare your property status in the past year to the judge, including details of income and expenses. Then the court will handle it appropriately based on your actual situation. For example, it is possible for you to repay the debt in installments, delay the repayment of the debt, etc.
Many people think that they have no property in their name and the court's judgment is useless. They are totally wrong. This is like a time bomb. When it explodes, it will basically be the debtor who is "exploded". Only later will we know, for example: when I went to buy a plane ticket, I was not allowed to buy it; when a company serving as a legal representative went to a bank to get a loan, I was not allowed to get a loan, etc.