Enforcement--- The Last Stage of Lawsuit

2012-11-23 12:49:48 BJT

Enforcement--- The Last Stage of Lawsuit

 

Effective consent judgment, payment order, arbitration award and a debt instrument with enforceability legally granted by a notary office, in addition to judgment and ruling, may be enforced by court on application.

 

The following materials shall be prepared when applying for court enforcement.

 

1.      A written application for enforcement (the application shall indicate applicant, respondent, basis for enforcement and provide the clues for tracing property available for enforcement etc.);

2.      Effective legal instruments as the basis for enforcement;

3.      Identity of applicant (ID card of individual, business license of legal person);

4.      Evidential documents of inheritance or assignment of rights shall be submitted if the inheritor or assignee applies for enforcement.

 

The court will serve a notice of enforcement, demanding a performance within a specified period, upon the party against whom enforcement is sought within three days after acceptance of the case. If the party against whom enforcement is sought fails to do so within a specified period, the court shall take enforcement measures. Enforcement measures include: freeze or transfer savings, withhold or withdraw income; seize, impound, auction or sell property; search the concealed property; a compulsory eviction from a building or land etc.







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