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Is the property enforceable?
First, can the court enforce the arrears of property fees?
The court that owes the property fee can enforce it.
If the residential property goes to the court for enforcement, after the court accepts the case, it will first seal up the account owed to the property owner through the bank, which is the so-called executor. If the account of the person subjected to execution has money, the bank will deduct it. If there is no money in the account, the court will seal up the relevant assets under the name of the person subjected to execution, and deduct the property fee by auction or other means.
If it is an executable case, the general execution time limit is six months after the court accepts the plaintiff's application for filing, but if it is a non-execution case, the general execution time limit is no more than three months. If during the period of suspension is executed, the suspension time shall be deducted. If it is necessary to extend the execution period due to special circumstances, it shall report to the president or vice president of the execution court, and the time limit may be extended after approval. If the court decides that the law has not been implemented for more than six months, it may apply to the people's court at the next higher level, and the people's court at the next higher level will instruct the original court to complete the implementation within a certain period of time.
In the whole execution process, if the parties and relevant stakeholders think that the person subjected to execution has incorrect or inappropriate execution behavior in the execution process, the parties and relevant stakeholders may respond to the people's court where the person subjected to execution is located, and the people's court shall deal with it in time. If the people's court refuses to handle it, the parties may also report to the discipline inspection department of the people's court or other relevant departments.
Second, the legal basis for enforcement.
code of civil law
Article 24 1
If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property situation and the property situation one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or make a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.
Article 242
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 inquire about the deposits, bonds, stocks, fund shares and other property of the person subjected to execution from the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform.
When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
Article 243
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 documents 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.
Residential owners default on property fees. In fact, many times the services provided by the property are not in place, which leads to the reluctance of most owners to pay property fees. However, there are also cases of malicious non-payment, and the actual handling methods should be different according to different situations. However, there is a dispute between the property and the owner because of the property fee. At this time, it can be solved through legal channels. For the kind of owners who maliciously fail to pay the property fee, the property can also apply to the court for enforcement after obtaining the favorable judgment that the court takes effect. For the owner, if he maliciously refuses to implement the effective judgment or ruling of the court, then this case may constitute a crime.
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