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#Enforcement Practice#Q: What are the requirements for asserting set-off in the enforcement procedure? A: According to the Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts

author:Lawyer of Zheng Shuihe in Guangdong

#Executive Practice#

Q: What are the requirements for asserting set-off in enforcement proceedings?

A: According to Article 19 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts, the following elements must be met to claim set-off in the enforcement procedure: First, the two parties bear debts and share claims with each other; 2. Submit a request for set-off to the enforcement court; Third, the debts for which set-off is requested have been determined by the effective legal instrument or approved by the applicant for enforcement, and there is no question of substantive review of these two types of debts.