Buy a car by stages, and the general vehicle has been mortgaged to a bank or financial institution. Because it is the owner, the court can completely seal up the vehicle and mortgage it in time.
When the court disposes of the vehicle, it shall first pay off the debts of the mortgagee, and the remaining part shall pay off the debts of the enforcement applicant.
Can an installment car be auctioned by the court? If so, how to sell it, and who will pay for the later car? Can be auctioned, and the proceeds will be repaid first; The rest is yours.
Does the court have the right to auction cars by installments? Yes The court has the right to seal up, detain and execute any executable property under the name of the person subjected to execution.
The ownership of the vehicle purchased by the person subjected to execution by mortgage still belongs to the person subjected to execution, and the court can still take measures such as sealing up, detaining and auctioning the vehicle according to law. Only after the mortgage creditor's rights are paid off first can the balance be handed over to the applicant as the execution payment of the person subjected to execution.
Guarantee law
Article 33 The term "mortgage" as mentioned in this Law means that the debtor or a third party does not transfer the possession of the property listed in Article 34 of this Law, and takes the property as the creditor's right guarantee. When the debtor fails to perform his debts, the creditor shall have the right to discount or give priority to compensation with the price of auction or sale of property in accordance with the provisions of this law.
Can the loan car be seized by the court? Yes
Under normal circumstances, the loan amount must be less than the actual value of the vehicle, and what the court can get is the difference.
If the vehicle is auctioned, the auction money will give priority to repaying the bank loan, and the rest will be given to the applicant.
The second paragraph of Article 508 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that creditors who have the priority right of compensation and the security interest in the property sealed up, distrained or frozen by the people's court may directly apply to participate in the distribution and claim the priority right of compensation.
A family of five lives in an 87-square-meter house, but they still pay by installment. Can the court seal it up 1. installment payment does not affect the seizure according to law.
Two: if the person subjected to execution has other houses necessary for his living, or if the applicant is willing to solve the living needs of the person subjected to execution for five to eight years by providing rent, the only house of the person subjected to execution has the force of enforcement.
The installment house has been seized. If the current bank debt is paid off, can it be unblocked? Is there any remaining debt that can be paid in installments? The repayment money should be negotiated and communicated with the bank in advance ~
The bank closed down because you didn't repay the money on time according to the contract, so the repayment is ok.
The premise is to negotiate with the bank.
If the debt is not repaid, can the auction court seal it up? 1. If the debt is not paid off, the creditor has the right to request the court to enforce it;
2. Article 243rd of China's Civil Procedure Law stipulates that the people's court has the right to detain and withdraw the income according to the notice of execution if the person subjected to execution fails to perform the obligations specified in the legal documents. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.
When withholding or withdrawing income, the people's court 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.
3. Article 244 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained.
The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.
To sum up, if the debt is not repaid, the court will seal up the house, and the court can seal up the house.
Because family planning was sued by the court, there was a car in installments. Did the court seize the car? Of course, as long as it is your property, it may be executed.
The plaintiff applied for preservation. My car is paid in installments. Can the court seize the car? There is no problem in theory, but the court takes security measures for the car, usually sending a letter of assist to the vehicle management office, requesting that the car cannot be transferred; In Zhengzhou, the court doesn't keep vehicles.
How can I save you if the court auctions after the car accident? If applying for property preservation, the injured party shall apply to the court for the responsibility of property preservation.