Don't panic when you receive the execution notice.

Don't panic when you receive the execution notice.

Don't panic when you receive the enforcement notice. Legal problems are actually very common in our lives. Of course, the law covers a lot, and everyone knows very little. Don't panic after receiving the following execution notice.

Don't panic after receiving the implementation notice 2022 1 1. Don't panic when you receive the enforcement notice. What should I do if I receive a notice of court enforcement?

According to the provisions of the Supreme People's Court on the time limit for people's courts to handle enforcement cases.

Article 1 A case in which the person subjected to execution has property available for execution shall generally be closed within 6 months from the date of filing the case; Non-litigation enforcement cases should generally be settled within 3 months from the date of filing. If it is necessary to extend the execution period under special circumstances, it shall be reported to the president or vice president of our hospital for approval. The application for extending the execution period shall be filed within 5 days before the expiration of the time limit.

Article 2 The people's court shall determine the undertaker within 7 days after filing the case.

Article 3 After receiving the case materials, if the undertaker thinks that the situation is urgent and compulsory measures need to be taken immediately, he may take corresponding compulsory measures immediately after approval.

Article 4 The undertaker shall, within 3 days after receiving the case materials, issue a notice of execution to the person subjected to execution, notify the person subjected to execution to declare the property in accordance with the relevant provisions, and order the person subjected to execution to perform the obligations specified in the effective legal documents.

If the person subjected to execution transfers, conceals, sells or destroys property within the prescribed time limit for performance, the people's court shall immediately take measures to control execution after receiving the notice.

After receiving the notice of court execution, the person subjected to execution shall truthfully declare his property and cooperate with the court in execution. If he refuses to implement it, the court will take compulsory measures to implement it.

Second, can credit cards be negotiated after being sentenced? Don't panic when you receive the execution notice!

Many people still want to negotiate repayment with the bank when their credit cards are in arrears. If the negotiation is successful, they will have the opportunity to reduce interest rates and will not be collected. However, the negotiation of repayment also depends on the time limit, and the bank does not agree to negotiate at any time. Some people will ask whether credit cards can be negotiated after being sentenced. Don't panic when you receive the enforcement notice. In some cases, banks can still negotiate.

Can credit cards be negotiated after being sentenced? It is better to negotiate with the bank to return the credit card. There are generally three periods.

1, credit card overdue for 3 months. Before the bank sues, it is generally the best negotiation repayment period. Usually, the penalty interest and liquidated damages caused by the overdue credit card for 3 months are already relatively high, and the repayment time left by the bank for the cardholder is also relatively sufficient. As long as it is not maliciously overdue, you can try to negotiate repayment with the bank.

2. Credit card arrears are prosecuted before the court decision. Before the judgment, the court will give both parties a chance to mediate. If the previous repayment negotiation with the bank fails, they will seize this opportunity to try again, provided that the cardholder himself will attend, otherwise the absence means giving up and the court will make a judgment by default.

3. After the judgment of the court, it will enter the implementation stage. After the court decides, the assets under the cardholder's name will be executed. However, many cardholders have no assets under their names, and even if they are executed, banks will not get money. Cardholders can take this opportunity to apply to the bank for repayment negotiation, and the bank can suspend the execution after agreeing to negotiate.

Whenever you negotiate repayment with the bank, you must first show your willingness to repay, and describe the repayment problem, supplemented by relevant documents, including poverty certificates and debt certificates. It is also necessary to propose a repayment plan to see if the bank can accept it. The most crucial point is to let the bank know that it is temporarily unable to repay, not forever.

Third, will it be executed immediately after receiving the enforcement notice from the court?

Generally speaking, from a practical point of view, the enforcement notice has no time limit for performance. However, the execution period of the case is six months, so the person subjected to execution must perform it within six months after the execution of the case is filed.

Don't panic when you receive the execution notice.

1. After the enforcement notice is served, the process is that if the parties have objections to the enforcement, they can raise objections to the enforcement court to safeguard their legitimate rights and interests. If there is no objection, it is necessary to implement the notice in the notice. If there is no objection, the people's court may enforce it.

legal ground

Objection to the implementation of Article 225 of the Civil Procedure Law of People's Republic of China (PRC)

If the parties or interested parties think that the enforcement act violates the law, they may file a written objection to the people's court responsible for enforcement. If a party or interested party raises a written objection, the people's court shall conduct an examination within 15 days from the date of receiving the written objection. If the reason is established, it shall make a ruling to cancel or correct it; If the reason cannot be established, the ruling shall be rejected. If a party or interested party refuses to accept the award, it may apply to the people's court at the next higher level for reconsideration within ten days from the date of service of the award.

Measures for the implementation of Article 236 of the Civil Procedure Law of People's Republic of China (PRC)

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.

Second, what are the consequences of not executing the court's civil judgment?

Failure to execute the judgment of the people's court constitutes a crime of refusing to execute the judgment. The crime of refusing to execute a judgment or ruling refers to the act of refusing to execute a judgment or ruling of a people's court if the circumstances are serious. According to the provisions of Article 313 of the Criminal Law of People's Republic of China (PRC), those who refuse to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or 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.

Don't panic when you receive the enforcement notice. 1. How long will the defendant be notified after the case is filed?

How long to inform the defendant after filing a case depends on the different types of cases. In civil cases, a copy of the indictment shall be served on the defendant within five days from the date of filing the case. In practice, the court should summon the defendant first and then notify the plaintiff. In other words, the court first notified the defendant by phone. If the notice cannot be served by direct service, lien service, entrusted service or mail service, the court will finally serve the summons by announcement. The service of public announcement refers to the service of summons by newspaper, which is deemed to have been served 60 days after the date of public announcement.

An administrative case shall send a copy of the indictment to the defendant within five days from the date of filing the case. A copy of the indictment of a criminal case shall be served on the defendant ten days before the court session at the latest.

Second, the procedure after filing the case

Filing a case refers to the litigation activities that the public security, judicial organs and other administrative law enforcement organs decide to investigate or try as a criminal case after reviewing the materials such as reporting, accusation, report, surrender and private prosecution according to their respective jurisdictions, and when they think that criminal facts have occurred and need to be investigated for criminal responsibility. Acceptance of filing materials refers to the activities of public security organs, people's procuratorates or people's courts to receive and shelter persons or materials who report, accuse, report and surrender.

The review of filing materials refers to the activities of public security organs, people's procuratorates or people's courts to check and investigate the accepted materials. Its task is to correctly determine whether there are criminal facts and whether the perpetrator should be investigated for criminal responsibility, so as to lay the foundation for making a correct decision on whether to file a case. After the public security and judicial organs have examined the filing materials and conducted necessary investigations, they shall handle them separately according to different situations.

Three. Legal provisions related to filing a case

Article 125 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person.

The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.