It is not surprising that the person against whom a judgment or order is being executed may, by all means, try to transfer, hide and dispose of his or her property, in order to escape from being executed. Some even happen during the hearing or even arbitration stage, once it comes to the enforcement stage, everything virtually disappeared. That’s why it is vital to investigate and identify the properties that are enforceable. We will introduce several investigation approaches and methods in detail in this article.
The types of enforceable property include but not limited to bank deposit, real estate, personal property, investment interests such as stock, fund, bond and insurance, other properties such as trademark and patent. Multiple efforts can be made to investigate the above-mentioned enforceable properties, such as depending on the report of the person against whom the judgment or order is being executed and the applicant’s offers of clues or findings, searching by court on its own initiative, assistance of relevant department. Though there are different approaches available, the specific methods still need to be further explored.
Several main investigation methods are outlined below:
It is a commonly used method, by which, we may obtain information of the family members, and the source of income of the person subject to execution, through the relevant public security household registration management department, the employer and residential community of such person.
Also, the bank deposit can be known through the bank or other financial institutions, the real estate can be checked through the relevant land and real estate management department, the vehicle and ship can be confirmed by relevant transport management department, the investment interests can be identified through the relevant security agency, insurance company, etc.
The court may take certain measures to verify the property clues provided by the party who applied for enforcement or a third party, to determine what enforcement steps to adopt. The court may summon and inquiry the person subject to execution, as well as personal or body search, searching the residence of such person or the location at where the property may be hided.
Only under circumstance that is beyond the ability or power of the party who applied for enforcement to check and testify but has given sufficient property clues, the court may, upon application, conduct investigation by asking relevant citizens or units who know the case or master the related evidential materials.
The audit may be conducted on the financial status of a legal entity or other organization by the audit institution designated by the court, to find out the property.
To know more about this topic, please contact our lawyers by writing an email to info@dandreapartners.com
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