美国民事诉讼法导论——判决的执行（American Civil Procedure Law an introduction to the execution of the judgment）.doc

美国民事诉讼法导论——判决的执行（American Civil Procedure Law an introduction to the execution of the judgment） A sentence imposed in accordance with the contents of the judgment behavior take certain obligations for the decision point. Therefore, a judgment requiring the defendant to support damages Pay a specific amount of money; one for the plaintiff usually involves the judgment of the duty of the court to produce similar litigation expenses. However, through a decision The obligation does not automatically perform, but the court does not take the initiative to provide the implementation of measures. If the judgment debtor does not automatically pay the debts, it must be the prevailing party Take the initiative. For insolvent or stubborn recalcitrant judgment is often useless, it will appear in the proof (the judgement proof The term. Damage compensation for executive decision, judgment of the debtors property seized and sold to obtain funds to pay the judgment. The seizure by government officials, Usually state court County Sheriff (Sheriff), and the federal court ruling by the United States law enforcement officer (UnitedStates Marshal) were. The court ordered the officials according to the judgment received by the creditors to take action, the judgment creditor must determine the seizure of property. Real estate can be under the supervision of the actual enforcement officials. Intangible assets such as bank account or shares or via a court order To arrest, traditionally called to the third debtors attachment, requested that the judgment creditor has priority. The decision in real estate Public land register and detained. - Page 201 - The seizure itself does not transferring ownership to the judgment creditor. Need also known as a public sale of the sale of the execution of the program. For sale The property provides better ensure a fair price, and it also provides automatic judgment debtor to pay the judgment last chance to avoid forced out The sale of. If the sale income is