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If you can't get the money for enforcement, is it useful to hire a lawyer?
1. Do I need to hire a lawyer to execute the application for arrears?

Whether it is necessary to hire a lawyer for enforcement depends on the wishes of the applicant or the person subjected to enforcement. However, it is of little use to ask a lawyer to apply for enforcement of the judgment. If you apply to the court yourself, you only need to bring your ID card to the court to fill out several relevant forms, and the staff there will also guide the person to be executed. Therefore, if you feel that there is nothing, you can go to the court to fill in the relevant materials yourself.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 233 If the people's court fails to execute the application for execution for more than six months from the date of receiving the application for execution, the executor of the application may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the people's court that originally tried the case to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.

Article 231 The property part of legally effective civil judgments and rulings and criminal judgments and rulings shall be executed by the people's court of first instance or the property enforcement court at the same level as the people's court of first instance. Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.

Second, the role of enforcing the application for hiring lawyers in arrears.

(a) work that can be done to help the parties and cooperate with the enforcement judge to smoothly advance the enforcement procedure.

1. Help the parties to choose the enforcement court and apply for enforcement within the time limit prescribed by law. In case of emergency, help the parties to apply for property preservation before filing a case for compulsory execution.

2. When the property of the person subjected to execution is found to be sealed up by other courts, apply to the enforcement court to transfer the case to other courts for execution or apply for participation in distribution.

3. When the enforcement court is found to be invalid, apply to the higher court for enforcement.

4. Apply for adding or changing the person subjected to execution.

(2) Work that can be done in providing executable property or property clues.

Money cases account for more than 90% of execution cases. For money cases, what lawyers should do is to do everything possible to help the execution judge find the property of the executed person or provide clues about the property.

1. Actively provide the property status or clues of the executed person.

2. Apply to the court for indirect enforcement measures.

3. What are the conditions for enforcing the application for arrears?

1. The obligee has a legal and effective execution name, such as an effective judgment or ruling, a notarized document issued by a notary office, etc. ;

2. Determine the effective legal documents whose performance period has expired;

3. The obligor fails to voluntarily perform the obligations specified in the effective legal documents according to law;

4. The obligee shall apply within the statutory time limit for application for execution.

legal ground

code of civil law

Article 224 The property part of legally effective civil judgments and rulings and criminal judgments and rulings shall be executed by the people's court of first instance or the property enforcement court at the same level as the people's court of first instance. Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.

criminal law

Article 313 Whoever refuses to execute the judgment or ruling of a people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially 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 mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Therefore, when enforcing the law, it is up to the parties themselves to decide whether to invite a lawyer to accompany them. If you think you can handle it clearly, bring your ID card and related materials to the court to fill it out. If you think it's impossible, please ask a lawyer to accompany you. But pay attention to qualified lawyers. If you need legal help, readers are welcome to consult, and a professional team of lawyers will answer your questions in time and provide the best solution.