Under certain conditions, the court has the right to directly deduct the money from the account of the person subject to execution.
1. Conditions for the court to deduct funds
The prerequisite for the court to deduct funds from the account of the person subject to execution is that there are valid legal documents, such as judgments, rulings, etc., and the person subject to execution has not Fulfill corresponding payment obligations. In this case, the court may take deduction measures on its own initiative based on the application of the person applying for execution or other interested parties, or on its own initiative.
2. Provisions on the Deduction Procedure
The court must follow legal procedures when taking deduction measures. First, the court needs to issue an execution notice to the person subject to execution, inform him or her of the deduction, and give him or her a certain time limit for performance. If the person subject to execution fails to perform his obligations within the performance period, the court may deduct funds from his account in accordance with the law.
During the withholding process, the court needs to prepare a ruling and serve it to the person subject to execution and the bank and other relevant institutions. After receiving the court's ruling, the bank is obliged to assist in the execution of the deduction operation. At the same time, the court also needs to ensure that the amount deducted is consistent with the subject matter of execution and avoid excessive or improper deductions.
3. Protection of the rights and interests of the person subject to execution
Although the court has the right to directly deduct funds from the account of the person subject to execution, it also needs to protect the legitimate rights and interests of the person subject to execution during the execution process. If the person subject to execution believes that the court's deduction behavior is wrong or inappropriate, he may raise an objection or appeal in accordance with the law. After receiving an objection or complaint, the court shall review it and handle it accordingly.
In summary:
On the premise of meeting legal conditions and following legal procedures, the court can directly deduct the money from the account of the person subject to execution. This measure is one of the important means of enforcement by the court, which helps to maintain the authority of effective legal documents and protect the legitimate rights and interests of the parties. However, during the deduction process, attention must also be paid to balancing the interests of both parties to ensure fairness and rationality in execution.
Legal basis:
"Civil Procedure Law of the People's Republic of China"
Article 242:
< p> If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the right to inquire the relevant units about the deposits, bonds, stocks, fund shares and other property of the person subject to execution. The People's Court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution based on different circumstances. The property inquired, seized, frozen, transferred, and valuated by the People's Court shall not exceed the scope of the obligations that the person subject to execution shall perform.Article 245 stipulates:
When the people's court seals up or detains property, if the person subject to execution is a citizen, it shall notify the person subject to execution or his adult family members to be present; If the person subject to execution is a legal person or other organization, its legal representative or principal responsible person shall be notified to be present. Refusal to be present will not affect execution. If the property of the person subject to execution fails to perform the performance within the specified period after being sealed or detained, the people's court may hand it over to the relevant unit for auction or sale in accordance with regulations.