1. Inquire, freeze and transfer the deposit of the executed person.
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.
Freezing refers to the compulsory measures taken by the people's court to prohibit the withdrawal or transfer of the deposits of the respondent in banks, credit cooperatives and other financial units during the period of litigation preservation or execution.
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.
When the people's court takes measures of inquiry, freezing and allocation, it may directly submit them to the banking office, savings office and credit cooperative without the consent of its superior competent unit. A foreign people's court may directly inquire, freeze or transfer the deposits of banks or credit cooperatives in the place where the respondent has his domicile or where the property under execution is located without the consent of the local people's court or other formalities. Local banks and credit cooperatives must assist in handling, and may not refuse or shirk for any reason such as withholding loans or loan interest. If a person refuses to assist, the people's court may impose a fine in accordance with the provisions of the Civil Procedure Law, and suggest that the supervisory organ or the relevant authorities give disciplinary sanctions.
2. Detain and withdraw the income of the respondent.
Article 222 of the Civil Procedure Law stipulates: "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 the people's court distrains or withdraws income, it 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, withholding the income of the person subjected to execution is an execution measure often used by 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.
Seizure is a temporary measure, which means that the people's court seals up the relevant property of the person subjected to execution, seals it up on the spot, and prohibits anyone from transferring or disposing of it.
Auction means that the people's court sells the property of the executed person at the highest price on the spot in an open and competitive way.
Selling refers to the compulsory sale of the property of the person subjected to execution to pay off the debt with the proceeds. If the people's court needs to sell the property of the respondent during the execution, it may hand it over to the relevant unit for sale or directly sell it. If it is sold directly by the people's court, the opinions of the relevant departments such as prices shall be sought before the sale, and the price for the sale shall be reasonable.
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.
4. Search the property hidden by the respondent.
In the process of execution, there will also be cases where the respondent not only fails to perform the obligations specified in the legal documents within the time limit, but also transfers the property and refuses to explain its real estate status to the people's court. In view of these circumstances, Article 227, paragraph 1 of the Civil Procedure Law stipulates: "If the person subjected to execution fails to perform the obligations specified in legal documents and conceals property, the people's court has the right to issue a search warrant to search the person subjected to execution and his residence or property."
If, during the search, property that should be sealed up or detained according to law is found, the person subjected to execution shall seal up or detain it in accordance with the provisions of the Civil Procedure Law. If it is too late to make a ruling on seizure or detention, it may be sealed up or detained first and reissued within 48 hours.
5. Forcing the respondent to deliver the property or documents determined by legal documents.
If a judgment, ruling, conciliation statement or other legal documents of the people's court specify one party to deliver property or tickets, the executor shall, on the basis of doing a good job in the ideological work of the person subjected to execution, summon both parties to appear in court or go to the designated place, and the property or tickets delivered by the person subjected to execution in legal documents shall be directly delivered to the applicant for signature. If the respondent is unwilling to deliver it in person, it may also hand over the property or ticket payable to the person subjected to execution first, and the person subjected to execution will hand it over. The people's court shall notify individual citizens other than the parties to surrender their property or tickets. The people's court will enforce it according to law, and may impose a fine in accordance with the provisions of Article 103 of the Civil Procedure Law, or suggest the supervisory organ or relevant units to give disciplinary action. If the relevant units hold property or tickets, the people's court shall issue a notice of assistance in execution to them, which shall be handed over by the relevant units. The people's court may order the holder to pay compensation if the property or ticket specified in the legal document is damaged or lost due to the fault of the holder. If the party concerned refuses to pay the compensation, the people's court may order enforcement according to the actual value of the property or the actual value of the bill.
6. Force the respondent to move out of the house or withdraw from the land.
Forcibly moving out of the house or withdrawing from the land refers to an enforcement measure that the executive organ of the people's court forcibly moves the property of the person subjected to execution in the house or on a specific land to make room for the house or land to be handed over to the applicant.
7. Execute the acts specified in legal documents.
This is a special compulsory measure, and the executors of the people's court force the person subjected to execution to complete the specified behavior according to the provisions of legal documents.
Eight, compulsory double payment of debt interest and payment delay.
Double payment of debt interest during the period of delay in performance means that the respondent's obligation is to pay money, and at the same time, the debt interest during the period of delay in performance should be doubled on the basis of the original debt interest, and paid at the highest bank loan interest rate for the same period, from the day after the delivery date stipulated in the judgment, ruling and other legal documents to the date of performance. In another case, if the respondent fails to perform the non-monetary payment obligation within the period specified in the judgment, ruling or other legal documents, and the respondent suffers losses due to the delay in performance, it shall pay the delay payment. The amount of overdue fine may be decided by the people's court according to the specific circumstances of the case.
The notice of execution issued by the people's court in accordance with Article 220 of the Civil Procedure Law shall not only order the respondent to perform the obligations specified in the legal documents, but also notify the respondent to pay the interest on the debt or the money delayed in performance. In these two measures, there are both compensation for the loss of the applicant executor and sanctions against the applicant executor.
9. Go through the compulsory transfer procedures of relevant property right certificates.
Article 230 of the Civil Procedure Law stipulates: "In the process of implementation, if it is necessary to go through the formalities for the transfer of the title certificate, the people's court may issue a notice of assistance in implementation to the relevant units, and the relevant units must handle it."
"Relevant property right certificate" refers to the property right certificate of real estate or specific movable property such as real estate certificate, land certificate, forest right certificate, patent trademark certificate and vehicle license plate. In the process of implementation, the obligee of some properties has changed after implementation, and the implementation task can only be completely completed if the property ownership certificate transfer procedures are handled. When handling the transfer procedures of these certificates, the enforcement personnel of the people's court need to issue a notice of assistance in execution to the relevant units, explain the specific requirements, and notify the relevant units to assist in handling, and the relevant units have the obligation to assist in handling.