Consequences of the Executive Board summoning the person subjected to execution not to go.

Consequences of the Executive Board summoning the executed person not to go

The Executive Board summoning the executed person not to go will have consequences. Everyone should be clear that the law is closely related to our daily life. In fact, we can help us solve many difficult things in life better through legal channels. The following Executive Board summoning the executed person not to go to consequences. Consequences of the Executive Board summoning the executed person not to go 1

There are two kinds of consequences of the Executive Board summoning the executed person not to go:

1. If it is a normal trial, a trial will be held in default. If you don't appear in court, you can't provide rebuttal evidence;

2. If the executive court does not attend, then the other party may apply for enforcement, and then they will go directly to their home to find their own enforcement.

You'd better face up to problems. If something is delayed, you can explain the situation to the court.

The judgment by default is applicable to the following situations:

1. If the plaintiff fails to appear in court or withdraws from court, it will be treated as withdrawal, and the defendant files a counterclaim;

2. The defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court halfway without the permission of the court;

3. If the court ruled that it was not allowed to withdraw the lawsuit, the plaintiff refused to appear in court after being summoned by summons without justifiable reasons;

4. The legal representative of the defendant with no capacity for civil conduct refuses to appear in court without justifiable reasons after being summoned by summons;

5. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the people's court will publicly summon the debtor to respond after accepting the case. If the debtor still fails to respond to the lawsuit after the expiration of the announcement period and the loan relationship is clear, the judgment may be made by default after trial.

laws and regulations

Civil Procedure Law of the People's Republic of China

Article 19 The people's court may subpoena the defendant who has to appear in court twice and refuses to appear in court without justifiable reasons. Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default. Article 256 In any of the following circumstances, the people's court shall make a ruling to suspend execution:

(1) The applicant indicates that execution can be postponed;

(2) The outsider raises valid objections to the execution target;

(3) When a citizen who is a party dies, he needs to wait for the successor to inherit the rights or assume the obligations;

(4) the legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;

(5) Other circumstances in which the people's court considers that execution should be suspended.

after the suspended situation disappears, the execution is resumed. Consequences of the executive board summoning the person subjected to execution 2

What is the court executive board summoning

The court executive board summoning is generally the judicial conduct work to handle civil cases and execute cases, and the parties concerned should cooperate with it according to law.

otherwise, it is likely to bring adverse effects to itself.

For example, according to the Civil Procedure Law, if a judicial officer is hindered from performing his duties by violence, threats or other means, or refuses to perform a legally effective judgment or ruling of the people's court, the people's court may impose a fine or detention according to the seriousness of the case.

if the case constitutes a crime, criminal responsibility shall be investigated according to law. the people's court may impose a fine or detention on the principal responsible person or the person directly responsible for the unit that commits one of the acts specified in the preceding paragraph. If a crime is constituted, criminal responsibility shall be investigated according to law.

If the person subjected to execution colludes with others in bad faith and evades the performance of obligations specified in legal documents through litigation, arbitration or mediation, the people's court shall impose fines and detention according to the seriousness of the case. If a crime is constituted, criminal responsibility shall be investigated according to law.

if the relevant unit refuses to assist in inquiring, seizing, freezing, transferring or changing the property after receiving the notice of assistance from the people's court, or if the relevant unit refuses to assist in detaining the income of the person subjected to execution, going through the formalities for transferring the relevant property right certificate, handing over the relevant tickets, licenses or other property, or refuses to assist in execution, the people's court may order him to perform the obligation of assistance and impose a fine;

the people's court may impose a fine on a unit that commits one of the acts specified in the preceding paragraph or the person directly responsible, and may detain the person who still fails to perform the obligation of assistance. And may put forward judicial suggestions for disciplinary action to the supervisory organ or the relevant authorities.

In addition, according to "Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Bad Faith", if the executed persons do not cooperate with the implementation, they may be included in the list of untrustworthy persons, and their consumption, travel and even daily life will be restricted. Consequences of the Executive Board summoning the person subjected to execution not to go 3

1. How many days did the enforcement begin to arrest and detain people?

according to the provisions of the civil procedure law, when the court enforces an effective judgment, if the person subjected to execution refuses to execute it, and the circumstances are serious, it will constitute a crime, and people can be arrested, but not on the same day.

after applying to the court for compulsory execution, if the person subjected to execution cannot be found, the court may serve a notice of execution on the person subjected to execution; if the person subjected to execution is missing or cannot be found, the court may announce the service of the notice of execution.

if the person against whom the application is made fails to perform the judgment of the court within the time limit, the court may seal up, detain, freeze or dispose of the property of the person against whom the application is made according to law; If there is no property to enforce, the court may also take enforcement measures such as restricting high consumption and joining the list of people who have lost their trust, so as to urge the people who have been enforced to consciously perform the effective legal documents as soon as possible. If the execution cannot be carried out after the above measures are taken by the court, the execution can be suspended by the court, and the execution can be resumed at any time after the person subjected to execution or the property of the person subjected to execution is discovered later.

Second, how long can you apply for enforcement after the judgment is issued

1. If neither party appeals against the civil judgment within 15 days after the judgment of first instance is issued, the civil judgment has come into effect, and after 15 days after the judgment is issued, you can apply to the court for enforcement;

2. If both parties or one party appeals against the civil judgment within 15 days after the first-instance judgment is issued, the civil judgment has become effective after the court of second instance makes an effective judgment, and you can apply to the court for compulsory execution at this time;

3. Article 224 of the Civil Procedure Law of the People's Republic of China stipulates that legally effective civil judgments and rulings, as well as the property part of criminal judgments and rulings, shall be executed by the people's court of first instance or the people's court where the property is executed at the same level as the people's court of first instance.

III. What are the legal bases for applying for enforcement

1. Legally effective judgments, rulings and conciliation statements made by people's courts.

2. Payment order issued by the people's court according to the supervision procedure.

3. criminal judgment and ruling that are legally effective and have property content.

4. A legally effective award made by an arbitration institution.

5. Creditor's rights documents made by notary organs and given enforcement effect according to law.

To sum up, the public security organ can arrest the person who applies for enforcement, but it doesn't take action on the same day. This has a certain time limit, and there are relevant provisions in the law. If the parties apply to the court for enforcement, they still need to see whether the person subjected to enforcement has the corresponding property. If not, the application for enforcement will not play much role.