What is an objection application?

He Pang are brothers, one with his father's surname and the other with his mother's surname. When their father died, he left them a will and a precious Yu Pei. Chen Mou worked in other places for many years and seldom went home. Usually collected by Pang. In 2008, Pang borrowed a large sum of money for business and never paid it back. Creditor Zheng took him to court. After Pang lost the case, he still didn't pay. Creditor Zheng applied to the court for enforcement and told the court that Pang had a piece of considerable value. After being informed, Chen Mou filed an execution objection with the court. So, how should Chen Mou write an application for execution objection?

The lawyer answered the question.

Objection to execution means that when the people's court executes a civil case, it requests the people's court to stop and change the execution of all or part of the executed property. The application for execution objection is the corresponding legal document submitted to the court. The application for execution objection generally includes the following contents: (1) The first part is entitled "Application for execution objection". Basic information of the applicant: if the applicant is a citizen, the name, gender, date of birth, nationality, native place, occupation (or work unit, position) and address shall be stated; If the party is a legal person or other organization, it shall specify its name and address, and the name, position and telephone number of its legal representative (or representative). (2) Requirements: This part must be clearly written. Multiple requests must be itemized. (3) Facts and reasons: This part mainly states the reasons for the objection, and explains that the object of execution of the case (referring to articles, property or some behavior) belongs to itself or what impact the execution of the case has on its legal rights. (4) Ending and appendix: the name sent to the people's court; Signature of the applicant. If the applicant is a legal person or other organization, it shall be stamped with the official seal of the unit and signed by its legal representative; Indicate the date of application; Attach relevant evidence and materials.

In this case, Chen Mou applied to the court for execution objection as follows:

Application for execution objection

Applicant: Chen Mou, male, born on, and.

Request: The dispute between Pang and Zheng has been decided by the people's court of ×× at first instance, and now it has entered the execution procedure. The creditors Zheng applied to the court for enforcement are actually owned by the applicant and Pang. Your compulsory execution deprived the applicant of his legal rights, and we hereby raise an objection.

Facts and reasons:

The applicant and Pang are brothers, one with his father's surname and the other with his mother's surname. After my father died, he left us a precious Yu Pei. Because the applicant has been working in other places for many years and rarely goes home, he is usually kept by Pang. Zheng, the creditor of Pangmou, learned that Pangmou had one and applied to your hospital for enforcement. Now your hospital has accepted Zheng's application and is enforcing it. According to relevant laws, this infringes the ownership of other co-owners (i.e. the applicant) in Yu Pei.

Accordingly, the applicant requests your hospital to immediately stop the evaluation and auction procedures to protect the applicant's legal rights.

I am here to convey

Xxxx District People's Court

Applicant: Chen Mou.

* * * * Year * * Month * * Day

Attachment: A copy of Father Chen Mou's will.

Legal link

People's Republic of China (PRC) Civil Procedure Law

Article 227 In the course of execution, if an outsider raises a written objection to the execution target, the people's court shall conduct an examination within 15 days from the date of receiving the written objection, and if the reason is established, it shall order to suspend the execution target; If the reason cannot be established, the ruling shall be rejected. If an outsider or a party refuses to accept the ruling and thinks that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure of trial supervision; If it has nothing to do with the original judgment or ruling, it may bring a lawsuit to the people's court within 15 days from the date when the ruling is served.

Collection of cases

In the process of execution, the subject who has the right to raise execution objection must be the outsider, not the party. The execution objection must be raised before the end of the execution procedure. If the execution procedure ends and the outsider raises an objection again, it is a new dispute and should be resolved through new litigation procedures.