First find out why Bai himself is restricted from high consumption, and then decide what to do.
When the court restricts you to high consumption, it naturally establishes you as the person subject to enforcement, otherwise it will not be possible to pass in the system.
However, there are two possibilities for being listed as the executor, one is on the correct column, and the other is on the wrong column.
I have been practicing law for more than 10 years, so let me analyze this issue.
1. First confirm how you are being limited
This step is very simple, you just need to log in to the China Enforcement Information Open Network, enter your name and ID number to query, it will show the court that took the height limit against you, the case number, and the suspected amount.
Of course, you can also call the court or consult on the spot to ask about the specific situation.
2. It may be that the person to be executed is listed as wrong
If the court lists you as the person to be executed during the execution process without going through the trial process, then of course this is wrong.
This is because the addition of an enforceable person must have clear provisions in the law, and in the SPC's Provisions on Several Issues Concerning the Modification and Addition of Parties in Civil Enforcement, there is no right person to add a spouse as an enforceable person.
Even if the plaintiff files an application for additional spouse as the person subject to enforcement, it will basically be ruled to reject the application.
In this case, you only need to submit an application to the court to explain the situation, and basically it can be discharged.
Of course, it is possible that the court will ask for a procedure to enforce the objection, you just need to go through the procedure, don't worry at all.
3. It is possible that the court will rule that you are jointly repaid
If the court rules that you have a joint repayment obligation, but you fail to fulfill the judgment obligation, then of course you can be listed as the executor and take measures to restrict high consumption.
For example, the debt is generated by you and your ex-husband out of the needs of common production and life, or when the husband borrows money, you also sign the IOU, which means that you recognize the debt, and naturally can be recognized as a joint debt of husband and wife.
It should be noted here that some people may have agreed at the time of divorce that the debt will be borne by the man and the woman will not bear the responsibility.
However, this agreement is only valid between husband and wife and cannot be directed against the third person. In other words, if it is a joint debt, the creditor can also sue the husband and wife, and demand that the husband and wife jointly bear the responsibility for repayment.
4. Special circumstances: You do not know the verdict
Even if the court rules that you are jointly obligated to repay, you may not know the judgment.
There are two main possibilities for this:
The first is that the court serves the judgment on you by mail, but you refuse to accept it, which is legally considered to have been served.
The second is that the announcement has been delivered. If you do not live in the place of household registration and the court cannot contact you, they have to take the form of service of notice against you. In this way, you yourself naturally cannot receive the corresponding judgment documents, so it is "inexplicably" limited in height.
In this case, when you know these circumstances, if you think that this debt is not a joint debt, then you can bring the relevant evidence to the court to apply for a retrial.
#我与宪法40年 #