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What is the time limit for entering the list of people who have lost their trust?
If you don't carry out the judgment, you will always be on the list of untrustworthy people, and you can cancel the blacklist five years after you carry out the judgment and pay off your debts.
According to 17, the first article of the Supreme People's Court's Decision on Amending the Supreme People's Court's Several Provisions on Publishing the Information of the List of Executed Persons with Breach of Trust stipulates: "If the executed person fails to perform the obligations specified in the effective legal documents and has any of the following circumstances, the people's court shall include him in the list of executed persons with bad faith and impose credit punishment according to law: (1) If he has the ability to perform, he refuses to perform. (2) Obstructing or resisting execution by forging evidence, violence or threats; (3) evading execution by means of false litigation, false arbitration or concealing or transferring property; (4) Violating the property reporting system; (5) Violating the consumption restriction order; (6) refusing to perform the settlement agreement without justifiable reasons. " Article 2 stipulates: "If the person subjected to execution falls under the circumstances specified in Items 2 to 6 of Article 1 of these Provisions, the time limit for being included in the list of persons subjected to execution without trust is two years. If the person subjected to execution obstructs or resists execution by means of violence or threats, or if the circumstances are serious or he has repeatedly broken his promise, it may be extended for one to three years. The people's court may decide to delete the information of dishonesty in advance if the person subjected to execution actively performs the obligations specified in the effective legal documents or actively corrects the act of dishonesty.
The lawyer helped to answer, how long is the time limit for entering the list of people who have lost their trust?
There is no time limit for this, unless there are several situations written in this regulation, it will always be blacklisted.
Is the time limit for breaking promises two years? The time limit for the list of people who have been executed for breach of trust is two years.
On March 20 17 1 day, the Supreme People's Court issued a document on judicial interpretation and normative implementation. The relevant contents are as follows:
Application executor
1, it is usually two years for Lao Lai to be included in the untrustworthy list;
2. If the execution is obstructed or resisted by violence or threat, or there are many acts of dishonesty, the time limit may be extended for one to three years;
3. After the execution of this program, the people's court shall delete the information of dishonesty within three working days if the property of the person subjected to execution is inquired more than twice through the network execution inspection and control system, and no property available for execution is found, and the application executor or other people fail to provide effective property clues.
Faithful person (Lao Lai)
1. The term of breach of trust ranges from "life imprisonment" to "two years in general and five years at the longest";
2. The people's court may delete the information of dishonesty in advance if it actively performs the obligations specified in the effective legal documents or actively corrects the behavior of dishonesty;
3. After the implementation of this scheme, although the executed person can be exempted from the punishment of dishonesty, he still can't take the high-speed train or plane and spend a lot of money in hotels, hotels, nightclubs, golf courses and other places above the star level.
4, minors, the people's court shall not be included in the list of untrustworthy enforcers.
For the executor of the application, the clarity of the time limit for breach of trust and the number of queries executed means that it is more necessary to fight against Lao Lai. Ten meters net provides the following methods for reference:
1, apply for detention
The court decided to let the court directly investigate the implementation of Lao Lai's property. If the other party does not execute, the bailiff can generally detain the other party.
Generally once a year, once 15 days, up to 30 days. "Lao Lai" has not paid back the money in the past two years. If you work hard once a year, the other party will feel uncomfortable being detained.
2. Carrot sticks
Mediation, both sides take a step back. The general court will preside over mediation between the two parties. For example, the other party owes you 0.2 million/200 thousand, saying that it can only pay10.8 thousand at present. Accepting mediation and getting the money as soon as possible is the best policy.
You can't stop collecting drugs.
Collection takes the form of door-to-door collection, SMS/phone collection, etc. As long as it is legal, it can make the other party "restless" at all times, and this dose of "medicine" can't stop. At present, there are many third-party collection and local collection companies.
4. Try to extend the period of dishonesty.
Those who obstruct or resist execution by means of violence or threats, if the circumstances are serious or have repeatedly broken promises, can be extended for one to three years. Generally speaking, the behavior of "serious resistance to execution" can be effectively used.
It is very important to find an experienced lawyer in this field. Two years will be extended to five years and there will be a detention period every year.
5. Offer clues about the other party's property.
After the termination of this execution procedure, the people's court shall, within three working days, delete the information of dishonesty if the property of the person subjected to execution is inquired more than twice through the network execution inspection and control system, and no property available for execution is found, and the application executor or others fail to provide effective property clues.
Unless the other party doesn't work and make money, or disappears, dies, emigrates, etc. Lao Lai's consumption, including the transfer of property, is always traceable.
6. Investigate criminal responsibility.
Since the other party broke the jar and fell, they should be investigated for criminal responsibility. According to Article 313 of the Criminal Law, "Whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Have the ability to pay back the money and refuse to pay back the money; First of all, Lao Lai must have the behavior of refusing to perform the obligation to pay back the money determined in the judgment document. Resistant acts such as beating, binding, robbing the executor, robbing the object of execution, smashing the execution tools and vehicles; Threatening the executor with violence, hurting relatives, revealing privacy, damaging reputation, etc. ; Transfer, hide the property available for execution, ignore the notice of execution, or hide or escape.
Lao Lai should still be able to execute his property in order to escape, transfer, sell, donate or destroy it after the court decision takes effect. If the case constitutes a crime, he should be punished as refusing to execute the judgment or ruling.
What penalties will be imposed on the list of untrustworthy executors?
Those who are on the list of untrustworthy people will not move because of the following penalties:
High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level.
Private schools with high fees for children.
Pay high premiums to buy insurance wealth management products.
Travel, vacation
Purchase real estate or build, expand or decorate high-grade houses.
Rent high-end office buildings, hotels, apartments and other places to work.
Think about other high-consumption behaviors that are not necessary for life and work, and so on.
Once it is included in the list of people who have lost their trust and are restricted by the court to spend too much, all the above "dreams" will be disillusioned! Because, Article 3 of "Several Provisions of the Supreme People's Court on Restricting the High Consumption of the Executed Person" (Fa Shi [2065438+00] No.8) stipulates that if the executed person is a natural person, after being restricted from high consumption, he shall not have the above-mentioned behavior of paying fees.
The following situations will be included in the list of untrustworthy executors:
"new regulations":
Precondition: failure to fulfill the obligations specified in the effective legal documents.
Rule number one If the person subjected to execution fails to fulfill the obligations specified in the effective legal documents, and under any of the following circumstances, the people's court shall include him in the list of people subjected to execution for breach of trust and impose credit punishment on him according to law:
(1) Having the ability to perform and refusing to perform the obligations specified in the effective legal documents;
(2) Obstructing or resisting execution by forging evidence, violence or threats;
(3) evading execution by means of false litigation, false arbitration or concealing or transferring property;
(4) Violating the property reporting system;
(5) Violating the consumption restriction order;
(6) refusing to perform the settlement agreement without justifiable reasons.
Under any of the following circumstances, the people's court shall not include the person subjected to execution in the list of the person subjected to execution for breach of trust according to the provisions of Item (1) of Article 1 of these Provisions:
(1) Providing sufficient and effective guarantee;
(two) the property that has been sealed up, detained or frozen is sufficient to pay off the debts determined by the effective legal documents;
(three) the person subjected to execution should not be enforced according to law;
(four) other circumstances that do not belong to the ability to perform and refuse to perform the obligations specified in the effective legal documents.
List of untrustworthy persons in Jiaxian County
Originally, I went to the second floor of CCB to inquire. Now I have to take my ID card to the second floor of China Bank opposite the Finance Bureau.
List of untrustworthy persons in Mianchi County
Mianchi county people's court
Tel: 0398-4862036
Address: East Section of Meng Hui Road, Mianchi County, Sanmenxia
List of persons executed for breach of trust in Hetao, Qingdao
Many questions,
How to query the list of untrustworthy people?
It should be that the case enforcement court did not enter the case into the national court enforcement case information system, and the system was only put into operation in 2005, so it could not be found. You can ask the enforcement court to add your case to the system. If the person subjected to execution belongs to the situation of the person subjected to dishonesty, he may also apply for the information of the person subjected to execution to be included in the list of the person subjected to dishonesty.
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