工人：法官，都怪我太相信他们了，签了和解协议还是不付钱。 Do your courts still take care of it?
法官：管！ Of course! Hurry up and submit an application for resumption of enforcement on the "Rich Law Enforcement Steward" public account, and after reviewing that it meets the conditions for restoration, the case will enter the enforcement procedure again.
工人：申请恢复执行有期限吗？
法官：约定分期履行的，恢复执行期限为最后一期履行期限届满之日起两年内。
01 Basic facts of the case
After a complaint from Cui and others, the Human Resources and Social Security Bureau of Fuyang District of Hangzhou City made a penalty decision on April 10, 2020, requiring a food processing plant to pay a total of more than 200,000 yuan in wages to Cui and 13 others within three days after receiving the administrative punishment decision. Due to the non-performance of the food processing plant, the case entered into compulsory enforcement.
02 Enforcement
During the implementation process, the food processing plant reached an enforcement settlement with Cui and others, and the processing plant paid the wages of Cui and others in installments, and Chen Mouyu, the actual controller of the processing plant, provided an enforcement guarantee for the above payments. After reaching a settlement, the applicant requests the withdrawal of the application for enforcement, and the court rules that the case is terminated in accordance with law. At the end of 2021, the applicant applied to the court to resume enforcement because the food processing plant failed to fulfill its payment obligations in accordance with the settlement agreement. The actual controller of the processing plant said that due to the dismal business of the factory in recent times, the balance could not be paid in full for the time being, and hoped that the applicant would be lenient for a period of time. However, the repeated untrustworthiness of the person subject to enforcement has caused the applicant to lose trust in him, the case resumed enforcement, and the court ruled in accordance with law to add the guarantor Chen Mouyu as the person subject to the case. After the execution of the network investigation and control, neither the processing plant of the judgment debtor nor Chen Mouyu's name has inquired about the assets available for execution. On January 8, 2022, the management team of the final book arrived at the processing plant during the centralized execution on the weekend, and after on-site investigation and verification, the enforcement personnel seized the equipment of the processing plant in accordance with the law, and posted a summons and a notice to supervise the execution, urging the person subject to enforcement to perform the case within a time limit. Chen Mouyu was forced by the pressure of execution, took the initiative to contact the enforcement personnel, and raised funds to pay all the case funds.
Enforcement of a settlement means that in the course of enforcement, the parties negotiate on their own and reach an agreement, the enforcer records the content of the agreement in the record, and the two parties sign or seal it, and after the obligor has completed the performance of the agreement, the people's court will handle the case with enforcement. "Enforcement of the settlement" is not a means of delaying enforcement, and if the obligor fails to perform in accordance with the settlement agreement, the applicant may apply to the court for the resumption of enforcement. "Refusal to perform on the enforcement of a settlement agreement without a legitimate reason" is also an act of untrustworthiness, and the court may include it in the "list of judgment defaulters" in accordance with law and punish them for credit in accordance with law; where the person subject to enforcement "has the ability to perform but refuses to perform the obligations set forth in effective legal documents" is a refusal to enforce it, and the court may impose a fine or detention according to the seriousness of the circumstances, constituting the crime of refusing to carry out the judgment or ruling, and pursue criminal responsibility in accordance with law.
Source: Fuyang Court
Popularization of the law publicizes infringement and must be deleted