How to inquire about the property clues of the executed person

The following methods can be used to find the property clues of the person subjected to execution:

1, allowing the person subjected to execution to declare by himself;

2. Provided by the application executor;

3. Court investigation;

4. Reward the report.

Generally speaking, property investigation mainly investigates the following properties:

1, land use rights, houses and other real estate;

2. Income, bank deposits, cash, wealth management products and securities;

3, transport, machinery and equipment, products, raw materials and other movable property;

4. Property rights such as creditor's rights, equity rights, investment rights, fund shares, trust beneficiary rights and intellectual property rights;

5. Other property.

I. Asset category of the person subjected to execution

The person subjected to execution includes natural persons and legal persons. The assets (property) of natural persons and legal persons are different in form and quantity, but they are similar. The assets (property) of the person subjected to execution include: fixed assets (movable property and immovable property); Cash; Equity investment (stocks and warrants of listed companies); Securities purchased, including financial bonds and corporate bonds; Advance payment; Creditor's rights; Other accounts receivable; Intangible assets, including trademarks, patents, goodwill, copyrights, copyrights, etc.

Second, how to grasp the asset clues of the person being executed

It is a hard and trivial job to investigate and grasp the clues of the assets of the executed person. After defining the object of execution, it is necessary to have a basic understanding and analysis of the situation of the executed person, such as the scale of the assets of the executed person, the main forms of the assets, the personality characteristics of the executed person, family members, social relations, etc. If the person subjected to execution is a legal person, it is necessary to find out the basic business scope, business scale, main business partners, enterprise benefits, historical evolution of the enterprise, members of the leadership team, especially the personal situation of the main leaders. Through the above investigation and analysis, the purpose is to find out the distribution and possible storage location of the assets of the executed person. At the same time, try to master the relevant information of the person being executed, such as personal identity card, business license, enterprise code, etc. , and collect as much information as possible about the assets of the person being executed, such as partners and investments. Some information is secret to outsiders, but in fact, insiders know it, and you can master it by asking a little.

After mastering the above situation, you can take the area where the person subjected to execution is located as the center and conduct a dragnet investigation:

1. Check the property under its name at the local housing management bureau and land management bureau;

2. Investigate the basic account opened by the local people's bank; Investigate deposit accounts and other accounts opened by commercial banks. At present, major commercial banks are networked nationwide. As long as they provide their names and identity cards, they can know the account opening of the executed person in the same bank all over the country.

3. Through the securities registration company of Shanghai and Shenzhen Stock Exchanges, you can find out the account opening and the amount of cash and stocks in the securities business department of any domestic securities company.

4. Master the investment of industrial companies. In the Municipal Administration for Industry and Commerce where the person subjected to execution can invest to set up an industrial company, the name can be "Choose an industrial company with or without investment". At present, the industrial and commercial departments in many parts of the country provide inquiries about external charges. As long as you provide the investor's name and certificate number, you can quickly find the enterprise under his name. However, at present, only the enterprises under the name of the legal representative can be found, and some efforts should be made to check the shareholders.

5. Go to the local vehicle management department to investigate the vehicles under the name of the person subjected to execution.

6 through the corporate finance and local tax, industry and commerce, government and other functional departments, investigate the financial statements, corporate profits, corporate assets details and other related information of the executed enterprise. In short, we should touch all the places where we can store assets. What needs to be particularly emphasized is that banks and relevant functional departments keep citizens' personal information confidential and generally do not provide it to external inquiries. In this regard, a range can be determined and submitted to the executive department of the people's court for verification. Or by other means.

Three, the seizure or execution of the assets of the person subjected to execution should pay attention to the problem.

1. It must be clear that the assets under the name of the executed person must be investigated. The execution of civil litigation is different from the prosecution of criminal cases. Civil cases require that the assets under the name of the person subjected to execution must be executed. If the assets are controlled or used by the person subjected to execution, but not in his name, the court cannot enforce them. Therefore, when investigating asset clues, we must find out the object and find the assets under the name of the person being executed.

2. Assets can be transferred at any time, especially valuable securities such as cash and bonds, which are more liquid. Therefore, we should pay attention to confidentiality when discovering asset clues, communicate with the executive judge at any time, and grasp, seal and execute at any time. For some large-scale executors, they are inextricably linked with local governments and banks; Considering their own interests, banks are particularly reluctant to freeze and execute their own deposits. Therefore, even if the executive judge of the court is present, it should be carefully designed and acted properly, otherwise it will be a waste. Once there was a client who didn't listen, thinking that everything would be fine as long as he took the judge to execute it. As a result, they and the judge entered the front door of the bank and were recognized by the bank. I made a phone call and the money was taken away by the executor. By the time the executive judge found the office and the governor in charge came back to execute it, the account was empty.

3, how much to find, how much to implement, don't hope for "one step in place". The debtor's inability to repay debts is mostly related to the poor efficiency of enterprises. Market competition is cruel. Because most enterprises use leverage effect in the use of funds, once the capital chain of enterprises breaks, sales are often blocked and creditors are crowded, so it is difficult for enterprises to make a comeback. In that case, take as much as you can. Once, a company returned a Volkswagen Passat. The company leaders think that the car is too worthless and the amount of debt offset by the car is too large. They returned the car and asked the other party to offset it with other assets. Unexpectedly, the assets of that enterprise were immediately sealed up by another creditor, and the enterprise was insolvent and closed down. In the end, I didn't even get a broken car back.

4. Admit the loss and the reality. The money can't be recovered as scheduled. Whatever the reason, we must admit the reality that the loss is certain. What we have to do now is to minimize the loss as much as possible. Many creditors are unwilling to admit this, and always hope that the other party can implement it in full, with interest and even hope that the other party will compensate for the losses. This kind of mood is understandable, and it is not impossible for executors with better asset quality. But in general, we should be objective and practical. We should know that today's loss is the result of carelessness at the beginning, and we should pay the price for negligence at the beginning. If you think so, you will not only feel much better, but also bring more ways to realize it.

I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.

Legal basis: Article 243rd of the Civil Procedure Law.

A legally effective civil judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution.

Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.

Article 245

If one party fails to perform the creditor's rights documents that the notary organ has given the enforcement effect according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce them.

If the notarized creditor's rights document is indeed wrong, the people's court shall rule that it will not be executed, and serve the ruling on both parties and the notary office.