(1) Apply for seizure (including pre-seizure)

Measures are generally taken to seal up real estate, such as land and houses. The investigation and control measures of the subject matter with certificate are called seizure, and the investigation and control of the subject matter without certificate is called pre-seizure (it will be turned into seizure after obtaining the certificate).

(2) Apply for freezing

Measures taken for equity, income, deposit account, receivable (due or unexpired) creditor's rights, etc.

(3) applying for sealing up

Measures taken mainly for movable property such as vehicles, products and raw materials.

(4) Apply for distribution

Measures taken for deposits, wages, bonuses and other funds actually existing in financial institutions.

(5) Apply for withholding (restricted withdrawal) income

Distribution, execution, wages, dividends, bonuses, rental income, unexpected income and other pre-control measures. What may happen in the future.

(6) Apply for withdrawal of income

For the above-mentioned money income that has already existed in the person assisting in execution, you can apply to the court for cancellation and ask the unit or individual responsible for assisting in execution to hand over the money to the court.

(7) Apply for compulsory delivery

It is rare in cases of recovering bad debts, and sometimes it is forced to deliver property belonging to Lao Lai or tickets kept by a third party.

(8) Apply for forced eviction from the house or land.

It can be applied to cases such as house sale, house lease, or occupation disputes, and it can also be applied to requiring users (occupiers) to vacate houses (land) after the court decides to auction, sell off or pay off debts.

(9) Handling the license of property right transfer.

In the process of implementation, if it is necessary to go through the transfer procedures of property right certificates such as real estate license, land certificate, forest right certificate, patent certificate, trademark certificate, vehicle and vessel license, equity, etc., the creditor or the buyer shall apply to the court to issue a notice of assistance in execution to the unit with assistance obligation, and handle it in time.

(10) Apply for compulsory execution of acts specified in legal documents

Creditors may apply to the court for ruling that the person subjected to execution will implement or not implement certain acts according to the effective legal documents, such as demolishing illegal buildings and setting up a liquidation group within the time limit prescribed by the court.

(1 1) Evaluate the auction sale application.

Dispose of and realize the property that has been investigated and controlled by the court.

(12) Apply to participate in the distribution.

Lao Lai is a natural person or other organization, and can apply to participate in the distribution when there is execution money in another case.

(13) Apply for enforcement of creditor's rights against a third party.

If Lao Lai delays the due creditor's rights to a third party, he may apply to the court to issue a notice to the third party to fulfill the due debt. If the second Lao Lai has no objection or the objection is untenable, the enforcement court has the right to enforce it against the third party.

If the third party has any objection to the performance of the due debt, and the debt has not been judged, the creditor may bring a suit of subrogation; If the debt has become effective, the objection of the third party is invalid and the enforcement court may enforce it.

(14) Apply for freezing the unexpired (or expected) creditor's rights.

Apply to the court for a ruling to freeze the unexpired (or expected) creditor's rights, and prohibit the debtor from withdrawing funds or a third party from paying the debtor after maturity. Such as expected rent, creditor's rights in litigation, etc.

(15) Application for Changing and Adding Entity

Lao Lai was separated, merged, contracted, affiliated or renamed, or Lao Lai disappeared or inherited. When Lao Lai's debt is used for family expenses, his spouse (family member) can be added as the executor, and the debt can be transferred. Lao Lai's superiors or related parties receive and distribute Lao Lai's property free of charge. Those who make false capital contributions or withdraw their capital contributions shall not be liquidated according to law, and Lao Lai does not have legal person status (such as self-employed and partnership enterprises).

(16) application for property declaration

Apply to the court to order Lao Lai to declare his property voluntarily, and submit the asset list, debt list, accounts receivable voucher, enterprise registered capital information, annual industrial and commercial report, tax report and financial account books to the people's court at the time of declaration.

(17) Property Survey Application Form

Apply to the court for "five inspections" on Lao Lai, mainly in industry and commerce, land, banks, vehicles and securities.

(18) application for investigation and evidence collection

Application for investigation of account flow: If there is evidence that a certain account of Lao Lai often has a large amount of money in and out, or if it is suspected that Lao Lai's money is mainly in and out of the account, or if it is suspected that Lao Lai will transfer a certain amount after receiving the money, you can apply to the court to send a letter to the bank to withdraw the account flow, find out the situation of money in and out, and find out the related enterprises. If it is to evade execution, you can apply for additional enforcement subjects or take corresponding measures (revocation right, subrogation right, legal liability for obstructing execution).

There is also an application to the court to investigate and collect evidence from relevant state-owned assets management offices, restructuring offices and other institutions about the handling of creditor's rights and debts of restructured enterprises (debtors).

(19) Apply for a court search warrant

If Lao Lai is still operating normally and has a sound financial account book, he can apply to the court to issue a search warrant, forcibly search the office or business premises of the person subjected to execution, and forcibly hand over relevant property (even dig Lao Lai's safe).

(20) When applying for judicial audit, Lao Lai is still in normal operation, and there is evidence that there is still a large amount of income in the near future or Lao Lai refuses to explain the whereabouts of the large amount of income, he can apply for audit (but the applicant must be willing to pay the audit fee when applying).

(2 1) Apply for an award

The Supreme Court and local courts have similar provisions, but it seems that they have not been implemented, but they affirm the legality of the measures and suggest that more research can be adopted. If Lao Lai has "enemies", sometimes he will get unexpected results.

(22) Apply for restricting high consumption.

This is a routine measure. Anyone who executes a case can apply to the court to restrict the high consumption of Lao Lai (the standard of high consumption is defined by some provincial courts).

(23) Apply for exit restrictions

Lao Lai has foreign-related factors, or there is evidence to prove that Lao Lai has foreign-related business, he may apply to the court to restrict his legal representative from leaving the country for only three months. After the expiration of the time limit, the parties concerned shall apply for renewal.

(twenty-four) to apply for inclusion in the list of untrustworthy people.

This is a routine measure. Anyone who executes a case may apply to the court to include Lao Lai in the list of untrustworthy people. With the development of the Internet and the coordination of various departments, the list of untrustworthy people will be included in the local credit information system.

(25) Apply for publishing non-performance information through the media.

The court may, according to the application of the person subjected to execution, publish the information that the person subjected to execution fails to perform the obligations specified in legal documents through newspapers, radio, television, internet and other media. Applicants need to pay the relevant fees in advance.

(26) Apply for a property investigation order

Some courts can issue "investigation orders" to let lawyers go to relevant units to investigate property or obtain relevant information and documents. Lawyers should make good use of this convenience.

(27) apply to the higher court for supervision and execution.

For overdue cases, apply to a higher court for supervision, restriction or replacement of the enforcement court.

(28) Apply for judicial guardianship

Lao Lai does have income, but refuses to declare his property, or is maliciously disposing or transferring his property, or refuses to perform the ruling of effective legal documents, he may apply to the court for taking detention measures.

(29) Apply for a fine against Lao Lai or related units (individuals).

For acts such as refusing to declare property, obstructing court execution, maliciously transferring property, refusing to perform the ruling of effective legal documents, refusing to assist in execution, or the relevant person in charge of Lao Lai may apply for these measures.

(30) Require Lao Lai to bear the interest or money for delayed performance.

This is a right of the parties stipulated in the Civil Procedure Law, and it is a sanction for Lao Lai's contempt for the effective ruling. 2. Be good at using derivative litigation to increase the subject of responsibility, and don't let the fish slip through the net.

(1) Subrogation action

Lao Lai is lazy in exercising his due creditor's rights, or if the debtor pleads after the court issues a notice to Lao Lai's debtor to fulfill his due debts during the execution procedure, the creditor may bring a suit of subrogation, corresponding to the Contract Law and its judicial interpretation, and the Provisions of the Supreme People's Court on Several Issues Concerning the Execution of People's Courts (Trial) (Law Interpretation [1998]No. 15).

For example, Lao Lai transfers the house payment to a third party immediately after selling the house, or entrusts a third party to collect the house payment. If it cannot be proved that the payee is its related party, a subrogation lawsuit can be brought against the third party.

Of course, some lawyers have suggested that if the third party provides evidence to prove that it has returned the house payment to Lao Lai, or that the house payment is used to repay the debts owed to Lao Lai, or that the creditor's rights claimed by subrogation have exceeded the limitation of action, subrogation litigation will be futile. In this way, it is necessary for creditors to further explore the countermeasures against this situation.

(2) Revocation right litigation

If Lao Lai transfers his property for free or at a low price, waives his creditor's rights and exempts his debts, and buys goods at a high price and sells them at a low price, the creditor may bring a lawsuit against Lao Lai and a third party to recover the disposed property.

It should be pointed out that there is a five-year exclusion period for creditors to exercise their cancellation rights. After that, it may be necessary to adjust the litigation ideas to claim that the debtor's behavior is invalid (the limitation of action is changed to two years from the date when they know or should know).

For example, Lao Lai sold the house to a related party. If the creditor estimates that he has not missed the account or transferred it at a low price, he can consider filing a revocation lawsuit.

In addition, Article 69 of the Judicial Interpretation of the Guarantee Law stipulates that malicious mortgage can be revoked, that is, if the debtor has multiple ordinary creditors, when paying off the debt, the debtor colludes with one of the creditors maliciously and mortgages all or part of its property to the creditor, thus losing the ability to perform other debts and damaging the legitimate rights and interests of other creditors, and the other creditors who have suffered damage may request the people's court to cancel the mortgage.

(3) Litigation claiming that malicious acts or malicious contracts are invalid.

For Lao Lai's malicious collusion with a third party to transfer, dispose of, conceal property, give away, make false pledge, etc., the creditor may bring a lawsuit to confirm that it is invalid and demand the usurper to return the property to Lao Lai. After the judgment came into effect, the creditor applied to the court for investigation and control of the property.

The Supreme Court has a guiding case, that is, Swiss Cargill International Co., Ltd. v. Fujian Jinshi Petroleum Co., Ltd. and other disputes over confirming the invalidity of the contract. It is considered that the debtor transferred the main property to its affiliated company at an obviously unreasonable low price, and the affiliated company did not actually pay the consideration while knowing that the debtor was in debt, it can be considered that the debtor colluded with its affiliated company in bad faith and harmed the interests of creditors, and the relevant property transfer contract should be considered invalid.

_ Fang Fang Fang Fang, Fang Fang, Fang Fang, Wu Yu, Fang, Fang, Fang, Fang, Fang, Fang, Fang If the house is sold to an unrelated person, but the house price is immediately transferred to a third person or collected by a third person, if it can be proved that the payee is his related person, Lao Lai and the payee can be sued for malicious collusion.

Litigation advocating malicious collusion and invalid behavior can also avoid the five-year exclusion period for creditors to exercise their cancellation rights.

(4) Litigation to investigate the responsibilities of shareholders, promoters or senior managers (mainly in the case of 16)

To investigate the liability of shareholders, promoters, actual controllers or senior executives for damages (failing to set up a company, making false or inadequate capital contribution, withdrawing capital contribution, but not transferring the capital contribution in kind; Liquidation without notice and announcement, implementation of unconfirmed liquidation plan, failure to liquidate on time, failure to liquidate due to delayed liquidation, malicious disposal of the company's property after dissolution, fraudulent liquidation to defraud cancellation, commitment to bear debts at the time of cancellation, fault in liquidation or cancellation, cancellation of the company's cancellation and acceptance of the company's property free of charge after cancellation; One-man company is a hodgepodge, excessive control and abuse of corporate personality).

The judicial interpretation of the Supreme Court on compulsory liquidation, the notice issued by the Supreme People's Court (Fa Fa [2009] No.52), the second and third judicial interpretations of the Company Law, and the essay "Several Situations of Shareholders' Legal Liability for Company Debt" on WeChat can be used for your reference.

It should be noted that some courts believe that the investigation of shareholders' liability is limited by the statute of limitations.

(5) Litigation to investigate the responsibility of corporate personality confusion.

Mainly according to the provisions of Article 20 of the Company Law, to investigate the responsibility of corporate personality disorder, it is necessary to prove that there is confusion, business confusion and personnel confusion between the two companies, and then to investigate the responsibility of Lao Lai's shareholders or start-up units. This kind of case is quite difficult, which tests the ability of creditors to investigate and collect evidence (note: in most cases, the fortress is broken from the inside, starting with the insiders of Lao Lai).

However, there are different understandings about whether the personality disorder of affiliated enterprises can be investigated, and the Supreme Court has a guiding case.

(6) Litigation to investigate the responsibility of a third party (false capital verification and evaluation)

The Supreme Court has relevant judicial interpretations. If an intermediary intentionally makes a false capital verification and evaluation report on Lao Lai's property or business activities, which seriously damages the interests of creditors, it must be liable to creditors within the scope of fault.

(7) A third party brings a false (malicious) lawsuit for cancellation.

For the bad behavior of outsiders colluding with Lao Lai to engage in some false litigation, obstructing execution or intending to participate in the distribution of execution funds or preemptively sealing up Lao Lai's property, the creditor shall file relevant lawsuits or apply for trial supervision in accordance with the new civil procedure law.

If the case is changed, there is evidence to reflect the malice of Lao Lai and the outsider, and the relevant departments are required to investigate the civil liability or even criminal liability of the relevant personnel for obstructing execution.

(8) A lawsuit requiring a third party to bear the debts of Lao Lai.

Some legal documents in the process of restructuring (reorganization, leasing, contracting) require the relevant enterprises to bear the creditor's rights and debts of Lao Lai, or the relevant enterprises promise to bear the creditor's rights and debts of the restructured enterprises, and additional debt repayment entities may be added.

When Lao Lai cancels, another affiliated enterprise promises in writing that it is willing to bear Lao Lai's debts, and the creditor may require the promisee to bear corresponding responsibilities.

If Lao Lai is merged or divided after failing to perform his debts, the merged or divided enterprise shall be jointly and severally liable for the debts of the original enterprise.

(nine) licensing law enforcement behavior

According to the provisions of Article 227 of the Civil Procedure Law, if the applicant for execution refuses to accept the court's decision to suspend execution and thinks that the outsider and Lao Lai have maliciously colluded to raise an execution objection, which hinders the normal execution of the work, he may file a lawsuit against the execution objection and request the court to allow the execution of the property involved in the application for suspension of execution by the outsider.

(10) Assignment Scheme Objection Litigation

In an execution case where the person subjected to execution is a citizen or other organization, multiple creditors apply to participate in the distribution, and if one of them has any objection to the distribution plan formulated by the court (objection to the amount of creditor's rights, the order of repayment, and the existence of creditor's rights), it may raise an objection; If other creditors raise objections, the objector shall bring a lawsuit in time.

(1 1) subrogation property analysis litigation

Refers to the court in the process of civil execution, in the case that the person subjected to execution (debtor) and others enjoy * * * property and do not actively analyze the property to pay off the debt, the application executor (creditor) replaces the person subjected to execution (debtor) to file a property analysis lawsuit according to law.

The above-mentioned cause of action was established by the Supreme Court in Article 14 of the Provisions of People's Courts on Seizure and Seizure of Frozen Property, in order to enforce the debtor's and others' property and solve substantive rights disputes.

3. Dare to take the ultimate debt collection method for Lao Lai.

(1) Apply for compulsory liquidation

Notice of the Supreme People's Court Municipal Government on Printing and Distributing the Summary of the Symposium on the Trial of Compulsory Liquidation Cases of Companies (Fa Fa Fa Fa [2009] No.52). It is easier for Lao Lai to apply for compulsory liquidation than bankruptcy. If the shareholders refuse to cooperate or have no account books, and the enterprise can not be liquidated, they can file a separate lawsuit according to the ruling, and pursue the compensation liability of Lao Lai's shareholders.

(2) filing for bankruptcy

Method of exhaustion has no effect, or there are cases where the Executive Board covers Lao Lai, or the enforcement court must allocate the execution funds according to the order of investigation and control measures (which we can't compensate afterwards), or there are cases where Lao Lai maliciously mortgages or maliciously pays off a certain creditor's right alone. And you can use Lao Lai's application for bankruptcy as a means of relief or threaten other creditors or Lao Lai.

The new civil procedure law, the new enterprise bankruptcy law and the judicial interpretation of civil procedure law are all trying to push the weak enterprises to go bankrupt.

(3) Apply for criminal responsibility.

This is the ultimate legal means of debt collection. When creditors are cornered, they can take:

1. Investigate the crime of refusing to perform the effective ruling (the creditor of the new people's litigation law can sue by himself)

2. Investigate the crime of perjury, helping perjury and obstructing testimony.

3. false litigation crime research.

4. Investigate the crime of lending for profit.

5. Others

Crime of falsely reporting registered capital, false capital contribution or withdrawing capital contribution, crime of obstructing liquidation, crime of concealing and intentionally destroying accounting vouchers, accounting books and financial accounting reports, crime of false bankruptcy, crime of selling state-owned assets at a low price for favoritism, crime of defrauding loans, crime of bill acceptance and financial bills, crime of loan fraud, crime of contract fraud, crime of forging, altering or buying and selling official documents, certificates and seals of state organs, crime of forging companies and seals.

As long as the evidence is conclusive, Lao Lai, who maliciously transfers his property, has a bad attitude and refuses to cooperate, should take the initiative to sue the court and investigate the criminal responsibility of Lao Lai and related personnel (shareholders, directors, senior managers, supervisors, finance, etc.). ).

For those who have obtained certain evidence to prove that the parties concerned are suspected of fabricating false documents, engraving seals privately, bringing false litigation or arbitration, they can exert greater pressure on the relevant personnel by reporting or clearly informing Lao Lai.