The guarantor's property can only be executed if the person subjected to execution cannot find or has no property to execute. If the person subjected to execution can indeed be found in this case and the guarantor has evidence to prove that the person subjected to execution has property available for execution, then the court cannot enforce the guarantor's property.
In this case, the applicant and the person subjected to execution reached a new agreement in the court. If the guarantor does not continue to guarantee in this agreement, then as a guarantor, he does not need to continue to bear the guarantee responsibility, that is to say, the court cannot enforce the guarantor's property.
The calculation of interest is twice as much as the loan interest of the People's Bank of China in the same period.
In the process of implementation, the person subjected to execution shall also bear the expenses such as evaluation, auction fees and announcement. , but also bear the actual execution costs of the court according to law (but basically do not have to pay).
First, the execution procedure after the court decision.
This is a special case. You can apply for enforcement first (if you have financial difficulties) or apply to the court for adjustment. If the adjustment fails, you will enter the normal litigation procedure. If you win the case, but the other party fails to implement it within the prescribed time limit, you should apply to the original court in accordance with legal procedures and ask the other party to implement it!
On the Acceptance of Enforcement Cases
Legal Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of People's Courts (1998)No. 15.
Two, the people's court shall meet the following conditions when accepting an execution case:
1. The legal document applied for execution or transferred for execution has come into effect;
2. The application executor is the obligee determined by the effective legal document or his successor or obligee;
3. The application executor applies within the statutory time limit;
4. The legal documents applied for execution have payment contents, and the subject matter of execution and the person to be executed are clear;
5. The obligor fails to perform his obligations within the time limit determined by the effective legal documents;
6. It belongs to the jurisdiction of the people's court applying for enforcement.
The people's court shall file an application that meets the above conditions within seven days; If one of the above conditions is not met, it shall be ruled inadmissible within seven days.
Three, apply to the people's court for compulsory execution, shall pay the people's court litigation fees in accordance with the provisions.
The existence of interests is a legal protection measure for our injured party. Only by setting the corresponding interest can we receive the compensation we deserve as soon as possible, so as to solve the dispute quickly.