We all know that whether it is an individual or an enterprise, once it is listed as a dishonest person subject to execution, it is really difficult to move an inch and is restricted everywhere. Judgment defaulters will not only be restricted from high consumption, but will also be punished in government procurement, bidding and bidding, administrative approval, government support, financing and credit, market access, qualification determination, and other aspects. So, is the list of judgment defaulters lifelong, and how can we withdraw from the list of judgment defaulters?
Dishonesty is restricted everywhere
In the case of a dispute over a joint venture contract between Company A and Company B, the court ruled that the defendant Company B should pay the plaintiff Company A RMB 12 million in game royalties and interest on overdue payment. Since Company B failed to perform its obligations within the time specified in the document, Company A applied to the court for enforcement, and the court filed the case for enforcement on January 6, 2021.
Because the person subject to enforcement had the ability to perform and failed to perform any obligations and failed to report his assets, the court took measures to restrict high consumption of Company B in accordance with the law, and included him in the list of judgment defaulters for credit punishment.
After Company B was included in the list of judgment defaulters, when it signed a cooperation agreement with other enterprises, it was rejected because it was a judgment defaulter. In order to sign the cooperation agreement, Company B, the person subject to enforcement, and the applicant Company A signed an enforcement settlement agreement on July 15, 2021, agreeing to pay a one-time payment of 2 million yuan before July 30, and the remaining amount to be paid in installments, and the shareholders to provide an enforcement guarantee, and agreed that after the first payment is made, the applicant shall apply in writing to the court to lift its consumption restriction measures and delete the information on dishonesty.
Thereafter, Company B fulfilled its obligations in accordance with the enforcement settlement agreement, and Company A applied to the court to delete Company B's information on its dishonesty. Later, after the court's review and approval, the information on the dishonesty of Company B, the person subject to enforcement, was deleted.
How long does it take for the list of judgment defaulters to be removed?
Many people may think that once they enter the list of judgment defaulters, they will have to bear this label for a lifetime and will not be able to return to normal life. However, in fact, there is a time limit for judgment defaulters, and the general time limit is two years, which may be extended by one to three years if the judgment debtor obstructs or resists enforcement by violence or threats, where the circumstances are serious or if there are multiple untrustworthy acts. In other words, after the expiration of the time limit, even if the judgment defaulter has not fulfilled the relevant obligations, he will be removed from the list.
However, this does not mean that as long as the judgment defaulter survives this period, there is no limit. According to the relevant laws and regulations, if the following conditions are not met, i.e., "the person subject to enforcement provides a credible and effective guarantee or has the consent of the person applying for enforcement, or the person subject to enforcement has completed the performance of the obligations determined in the effective legal documents", the measures restricting consumption of the person subject to enforcement are generally not lifted.
Therefore, if a judgment defaulter is removed from the blacklist of dishonesty due to expiration, it is only that the relevant information on dishonesty cannot be found on the China Enforcement Information Disclosure Network, but there will still be a record of untrustworthiness that has been compulsorily enforced on his personal credit report.
Moreover, it is still liable to repay the outstanding obligations, and other enforcement measures of the courts, such as restrictions on consumption, are not automatically lifted. If the person subject to enforcement has one of the corresponding circumstances of dishonesty in the later stage, the court may re-include him in the list of judgment defaulters.
Only when judgment defaulters actively perform the obligations set forth in effective legal documents, or take the initiative to correct their untrustworthy conduct, can the people's courts decide to delete their information on untrustworthiness in advance, so that they can truly lift the restrictions.
In any of the following circumstances, on the basis of relevant legal provisions, the people's courts shall delete information on untrustworthiness within 3 working days:
(1) The person subject to enforcement has already performed the obligations set forth in the effective legal documents or the people's court has completed enforcement;
(2) the parties have reached an enforcement settlement agreement and the performance has been completed;
(3) The person applying for enforcement applies in writing to delete the information on untrustworthiness, and the people's court reviews and agrees;
(4) After the conclusion of the enforcement procedure, the property of the person subject to enforcement is inquired more than twice through the online enforcement investigation and control system, and no property available for enforcement is found, and the applicant for enforcement or other persons do not provide valid property clues;
(5) Due to trial supervision or bankruptcy procedures, the people's court rules in accordance with law to suspend the enforcement of the judgment defaulter;
(6) The people's court rules not to enforce it in accordance with law;
(7) The people's court rules to terminate enforcement in accordance with law.
Where there is a period for inclusion, the above provisions do not apply, and within 3 working days of the completion of the period for inclusion, the people's courts shall delete the information on untrustworthiness.
Credit plays a vital role in modern society, and has a profound impact on the work life of individuals and the survival and development of enterprises. Only by actively performing their obligations, taking the initiative to correct untrustworthy behavior, and striving to restore their credit records can untrustworthy persons regain social recognition.
In the event of a debt dispute, it is recommended that you join the legal insurance network, consult online legal affairs in a timely manner, collect evidence, prepare materials, inquire about property clues, write a complaint, apply for case filing, apply for property preservation, apply for enforcement, etc., and fight a lawsuit by yourself, reduce the cost of rights protection, and recover losses as soon as possible.
Note: The name of the person in the article has been changed, and the information quoted in the case comes from the Internet
The picture comes from the Internet, invaded and deleted