What to Do When the Litigant Refuses to Execute the Judgment?

Through the case "Failure to comply with the judgment involving Phuoc Sang, VietinBank was recorded in a report." We can see that the situation where obligated parties delay and refuse to comply with judgments is increasingly prevalent. So, what provisions does the law have to ensure the rights of entitled individuals?

According to Clause 1, Article 30 of the Law on Civil Judgment Execution, within 05 years from the date the judgment or decision takes legal effect, the judgment creditor or the judgment debtor has the right to request the competent civil judgment execution agency to issue a judgment execution decision. If you have submitted a request for judgment execution on time and in accordance with legal procedures, the responsibility for execution lies with the execution agency.

The request for judgment execution contains the following main contents:

  1. Full name and address of the requester;
  2. Name of the civil judgment execution agency being requested;
  3. Full name and address of the judgment creditor; judgment debtor;
  4. Contents of the execution request;
  5. Information about the assets or conditions for execution of the judgment debtor.

The person making the request for judgment execution must clearly state the date, month, year and sign or mark the fingerprint; in the case of a legal entity, the signature of the legal representative and the seal of the legal entity are required.

Accompanying the request for judgment execution, there must be the judgment, decision to be executed, and other related documents, if any.

Additionally, you have the right to request the civil judgment execution agency to apply measures to ensure execution as stipulated in Article 66 of this Law, including: account freezing, document seizure, temporary suspension of registration, transfer, or alteration of property status.

However, the prolonged execution may be due to objective reasons such as the judgment debtor has died with no heirs; the judgment debtor no longer has assets... Therefore, you should directly contact the civil judgment execution agency that is processing your execution request to understand the reasons for the prolonged execution.

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