Application guide for enforcement cases

Update:Oct,17,2021 Views:2095

I. What requirements shall be met to apply for enforcement?

1. Conditions on application for enforcement

(1) The legal document has become effective.

(2) The applicant for enforcement is the obligee or his/her heir or successor to his/her rights determined by the effective legal document.

(3) The applicant for enforcement shall file an application within the statutory time limit.

(4)The subject of the rights and obligations and the content of payment in the legal document applied for enforcement are clear.

(5) The obligor fails to perform his/her obligations within the time limit specified in the effective legal document.

(6) Under the jurisdiction of the court receiving the application for enforcement.

2. Documents to be submitted in the period of application for enforcement

(1) Application form

The information of the person subjected to enforcement shall be indicated on the application form for enforcement, and the contents of the application for enforcement shall be filled in item by item. If it is to be performed in stages, it can only be applied for the part that is due.

(2) Enforcement basis

The original of legal documents should be provided (in the event that the legal document is issued by our court, copies are available).

(3) Documents for the applicant’s subject qualification

If the applicant is a natural person, submit the copy of identification card; if the applicant is a legal person or other organization, submit the copy of business license or organization code certificate and the identity certificate of the legal representative or the person chiefly in charge.

(4) Power of attorney

If the agent ad litem is a lawyer, submit the power of attorney and the letter of law firm; if the agent ad litem is a company employee, submit the copy of the employee’s identification card, power of attorney, the copy of labor contract and the aforesaid documents should be affixed with the company’s stamp.

(5) Confirmation of service address for legal documents

(6) Notification of selection method of an auction institution

(7) A statement of property status of the person subjected to enforcement

(8) Other materials required by the Court.

Ⅱ. How to apply for filing cases of objection to enforcement?

1. Application scope of objection to enforcement cases

(1) The objection raised by the litigants or interested persons, who consider the act of enforcement, such as enforcement of investigation and control, enforcement of sanctions, coercive measures, enforcement way of closing a case, etc., has trespassed on their legal rights.

(2) The objection raised by the litigants or interested persons, who consider the act of preservation or advance enforcement orders in the process of execution, such as seizure, detention, freeze, transferring funds, etc., has trespassed on their legal rights.

(3) The objection to exclusion of enforcement raised by the outsiders, which is based on substantive rights and against to preserved property or the object of the enforcement cases.

(4) The non-enforcement application raised by the person subject to enforcement, which is in order to against to the enforcement based on arbitral awards with taken legal effect or notary documents with given enforcement effect.

(5) The enforcement jurisdiction objection raised by the person subject to enforcement.

(6) The application raised by the applicant or his/her successor or right holder, which is in order to change or add applicants.

(7) The application raised by the applicant, which is in order to change or add applicants.

(8) The enforcement objection raised by the person subject to enforcement, because of claim termination, exceeding the statutory application period, or other entity causes.

(9) Other enforcement objections that may be raised according to law.

2. Matters to be noted in the application for objection enforcement

(1) If the objector is a natural person, submit the name, sex, age, nationality and domicile; if the objector is a legal person or other organization, submit the name, domicile and the name and the position of the legal representative or the principal leading person.

(2) If the opposing party is a natural person, submit the name, sex, domicile, etc.; if the opposing party is a legal person or other organization, submit the name, domicile etc.

(3) The enforcement case number.

(4) Facts and causes on which it is based about the application for objection enforcement.

3. The objector must submit the following materials

(1) If the objector is a natural person, submit the copy of identification card; if the objector is a legal person or other organization, submit the copy of business license or organization code certificate and the identity certificate of the legal representative or the person chiefly in charge.

(2) When the application for objection is entrusted, the power of attorney, the identity certificate of the agent, etc. shall be submitted.

(3) An original objection application and copies with the same number of the opposing party.

(4) Relevant evidence materials.

(5) The service address for legal documents and the contact information.