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Can the car loan be enforced by the court?

The court can still enforce the car mortgage. The ownership of the vehicle purchased by the person subject to execution with a mortgage still belongs to the person subject to execution. During the execution, the court can still impose measures such as sealing up, detaining, and auctioning the vehicle in accordance with the law. However, among the proceeds from the auction, the remaining balance should be paid first after the mortgage debt is repaid. Only then can it be handed over to the applicant as execution money from the person subject to execution. In accordance with legal procedures, the People's Court uses the coercive power of the state and clarifies the specific execution content based on legally effective documents to force civil obligors to complete their obligations to ensure that the rights of obligees are realized. Legally effective documents include but are not limited to the following: civil judgments, rulings to realize security rights, rulings to confirm mediation agreements, payment orders, etc. Once it takes effect, the obligor shall automatically perform it. If they refuse to perform, the obligee may apply to the People's Court for compulsory execution. If an individual holds the property subject to execution and is notified in writing by the People's Court to assist in the execution, he or she is obliged to execute in accordance with the provisions of the notice. Anyone who shirks, refuses or hinders execution without reason, thus causing serious consequences, must bear legal responsibility. The enforcement work of the people's courts should be based on legal documents. Legal documents must be legally effective, and those that are not effective cannot be used as the basis for execution. The legal document must also contain payment content. If it only confirms or changes the legal relationship, it does not need to be executed. For vehicles purchased legally by the person subject to execution, the court can impose measures such as sealing, impounding, and auctioning the vehicle in accordance with the law during execution. However, among the proceeds from the auction, the car loan should be repaid first, and then the balance can be used as part of the execution of the person subject to execution. The money is handed over to the person applying for execution.

Legal basis:

Article 313 of the Criminal Law of the People's Republic of China and the People's Republic of China: Where the People's Court refuses to execute its judgment or ruling despite being able to do so, the circumstances If the case is serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.