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Won't the wages of people who owe money be enforced?
When the salary cannot be executed, if the person subjected to execution really has no ability to pay, the execution can be suspended and resumed when there is property; The people's court may take measures such as sealing up, distraining, freezing, auction and selling to ensure the execution of wages. If the parties are unable to repay their debts, they will not be sentenced, but if they have the ability to refuse to execute, if the circumstances are serious, it may constitute a crime of refusing to execute the judgment and may be sentenced. Pay back the arrears with wages, and it will not be enforced for life. When life is difficult, there is no financial source, and the court loses the ability to work, the court may terminate the execution and demand repayment after the economic ability is restored. If you can't pay back the money, you can apply for enforcement. If you have the ability to perform and refuse to perform, the court can put you on the list of untrustworthy people, which will affect your daily life. If the circumstances are serious, you may be sentenced to punishment for refusing to perform the effective judgment documents.
Conditions for enforcing the debtor's wages:
1, court judgment or ruling: the debtor must have a court judgment or ruling to confirm its repayment obligation;
2. enforcement notice: the court will issue enforcement notice to the debtor and its wage payment unit;
3. The cooperation of the wage payment unit: the wage payment unit detains and transfers part of the debtor's wages according to the notice of the court;
4. Statutory proportion: The court will usually detain the salary of the debtor according to the proportion stipulated by law to ensure his basic living expenses;
5. The debtor's right of appeal: the debtor has the right to object or appeal to the execution procedure;
6. Time limit for execution objection: The debtor needs to raise an execution objection within the statutory time limit, otherwise execution will continue.
To sum up, the wages of people who owe money will be enforced, and the court can take various measures to ensure the implementation of wages. Those who refuse to implement may be sentenced or included in the list of untrustworthy people. However, if the parties are unable to repay their debts, the court may terminate the execution and ask for repayment after their economic ability is restored. Therefore, owing money is not equal to lifelong enforcement, and the consequences of refusing to perform may seriously affect daily life.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 252
The obligation to pay money determined by legal documents shall be fulfilled by the executor, who shall issue an execution notice to the person subjected to execution, limiting him to perform it within a specified time limit. If the person subjected to execution fails to perform within the time limit, the people's court may take the following measures:
(1) Inquiring, freezing, transferring, selling off and auctioning the deposits, securities, stock rights and other properties of the person subjected to execution;
(2) Inquiring, sealing up, auctioning and selling off other property of the person subjected to execution;
(3) Auction or sale of the real estate or chattel of the person subjected to execution in accordance with the provisions of Article 241 of this Law.
(four) to order the executed unit to deduct the amount to be executed from its wages and bonuses;
(five) to order the relevant units or individuals to pay the debts due to the applicant to the person subjected to execution;
(6) sealing up, distraining and freezing the property rights of the person subjected to execution;
(seven) to limit the high consumption of the person subjected to execution and the consumption activities not necessary for life and work;
(eight) if the person subjected to execution refuses to report the property, he may be fined or detained according to law.
If the person subjected to execution is a unit, its legal representative or principal responsible person and the person directly responsible may take the measures mentioned in Items (7) and (8) of the preceding paragraph.
When the people's court takes the measures mentioned in items 1 to 6 of the preceding paragraph, it may notify the relevant units and individuals to assist in the implementation.
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