Can the people's court detain the retirement salary of the person subjected to execution?

If the applicant applies to the court for compulsory execution, the salary of the person subjected to execution, including retirement salary, is also within the scope of compulsory execution. But it will keep the necessities of life of the executed person.

Article 243 of the Civil Procedure Law: If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.

When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.

Article 244 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained.

The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.

Extended data:

If the owner does not pay the property fee, the court will enforce it and pay it from the retirement salary.

On June 5, Xiong Linzhen, the owner of Wolongju International Village Community in Xingsha Street, Changsha County, was "visited by court staff". Because he owed 87 months of property fees, he was enforced by the court and paid 7576 yuan from his retirement salary.

On June 5, Xiong Linzhen, the owner of Wolongju International Village Community in Xingsha Street, Changsha County, was knocked at the door. When I opened the door, there were two uniformed policemen besides the staff of the property company who had been busy for two years. Bring the police to rush the fee? Before Xiong Linzhen recovered, she was told that she could not escape without paying the property fee for 87 months.

"They didn't solve the house problem, and they didn't want to pay the property fee." On June 10, the reporter from Today's Women's Daily/Wang Feng came to Wolongju International Village, Xingsha Street, Changsha County. With the help of a residential property company, Hunan Xinxin Property Service Co., Ltd., the reporter contacted Xiong Linzhen.

Xiong Linzhen said that from April 20 10 to June 20 17, he refused to pay the property management fee, not because he cheated and didn't pay the money, but mainly because the property management company was too irresponsible.

20 10 March, after the upstairs owner renovated the new house and moved in, the ceiling of Xiong Linzhen's house was seriously leaking and the floor was soaked by dripping water. "I have been looking for a property company to communicate with my neighbors upstairs many times, but I just can't solve it." Xiong Linzhen said that the property company refused to deal with it and its attitude was perfunctory. In order to confront it, she simply did not pay the property fee.

This contradiction dragged on for seven years. I thought everyone would be safe, but in June this year, the residential property company took Xiong Linzhen to court.

"We will not be indifferent to the owners' complaints. The upstairs owner spent thousands of dollars to rectify, and the house still leaks, and our property is also very helpless. " A staff member surnamed Zhang of Hunan Xinxin Property Service Co., Ltd. said that the poor waterproof quality of houses is a developer's problem and the property company cannot handle it. "We can only be responsible for communication and mediation."

Therefore, if the communication fails, the property company can only turn to Changsha County People's Court for help. On June 1 1, Liu Heng, the executive bailiff of Changsha County People's Court who went to Xiong Linzhen's house with the staff of the property management company, told the reporter of Today's Women's Daily/Wang Feng. After some understanding,

Considering that the service of the residential property company was not in place, the court finally decided to reduce her arrears of property fees by 30% and only pay 7576 yuan. "But because the other party still refused to pay, we finally decided to deduct her monthly income from the account designated by the court after learning that she had retirement salary."

References:

Baidu encyclopedia-civil procedure law