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Judgment defaulters, simply put, borrow money and do not pay it back, this is to be paid attention to, and it will be blacklisted, so how can the judgment defaulter be revoked? The people's courts may revoke information in advance within the effective period of time, and the method is to "actively perform the obligations set forth in effective legal documents or actively correct untrustworthy conduct". That is, the money should be repaid, and the handling should be handled, and after the completion of the application, an application may be made to revoke the judgment defaulter's information.
At the same time, in any of the following circumstances, an application may also be made to revoke judgment defaulter information. 1. The obligations set forth in the effective legal documents have been performed or the people's court has completed the enforcement, 2. The parties have reached an enforcement settlement agreement and the performance has been completed, 3. The person applying for enforcement has applied in writing to delete the information on untrustworthiness, and the people's court has reviewed and approved it, 4. No property has been found that can be used for enforcement, and the person applying for enforcement or other persons has not provided effective property clues5. Where the people's court has lawfully ruled to suspend enforcement of the judgment defaulter due to trial supervision or bankruptcy proceedings, if the above conditions are met, The people's courts shall revoke the information on untrustworthiness and delete the information on judgment defaulters within 3 working days. All in all, if you want to revoke the information within the validity period of the judgment defaulter, it is easiest to repay the loan as soon as possible, otherwise you can only wait for 2 years to automatically revoke it.
Legal basis: In any of the following circumstances, the people's court shall delete the information on untrustworthiness within 3 working days of any of the following circumstances in the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters": (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 information on untrustworthiness, and the people's court reviews and agrees; (4) After the current enforcement procedure is concluded, the property of the person subject to enforcement is inquired into the property of the person subject to enforcement through the online enforcement inspection and control system more than twice, and no property available for enforcement is found, and the person applying for enforcement or other persons does not provide effective clues on the property; (5) Due to trial supervision or bankruptcy proceedings, the people's court lawfully rules to suspend enforcement against judgment defaulters; (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 time limit for inclusion, the provisions of the preceding paragraph do not apply. Within 3 working days of the completion of the inclusion period, the people's courts shall delete information on untrustworthiness. After deleting information on untrustworthiness in accordance with the provisions of the first paragraph of this article, where the person subject to enforcement has any of the circumstances provided for in article 1 of these Provisions, the people's court may re-enter them into the list of judgment defaulters.
Where, within 6 months of deleting information on untrustworthiness in accordance with item (3) of the first paragraph of this article, the people's courts are not to support the application for enforcement to include the person subject to enforcement in the list of judgment defaulters.
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Judgment defaulters are revoked within 2-5 years. According to article 2 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters", where a person subject to enforcement has the circumstances provided for in items 2 through 6 of article 1 of these Provisions, the period for inclusion in the list of judgment defaulters is two years.
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The person subject to enforcement obstructs or resists enforcement by means such as fabricating evidence, violence, or threats; Where enforcement is evaded by methods such as sham litigation or arbitration, or concealment or transfer of assets, the period for inclusion in the Judgment Defaulters List is 2 years. Where the person subject to enforcement uses violence or threats to obstruct or resist enforcement, or has multiple untrustworthy conduct, it may be extended for 1-3 years.
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1. The time for revocation is generally two years.
2. If the person subject to enforcement, Lu Mu, obstructs or accompanies Kusen to resist the execution of the ** section by violence or threats, or has multiple untrustworthy conduct, the time limit may be extended by one to three years.
3. If judgment defaulters actively perform the obligations set forth in effective legal documents or take the initiative to correct their untrustworthy conduct, the people's courts will delete the information on untrustworthiness within three working days.
Article 9 of the Supreme People's Court's Several Provisions on the Publication of Information on the List of Judgment Defaulters: Where citizens, legal persons, or other organizations that should not be included in the Judgment Defaulters List are included in the Judgment Defaulters List, the people's courts shall revoke the information on untrustworthiness within three working days. Where the information on untrustworthiness recorded or published is inaccurate, the people's courts shall correct the information on untrustworthiness within 3 working days. Defeated.
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<>We all know that if the defendant in a case fails to perform the obligations determined in the legal documents, then the plaintiff can apply for compulsory enforcement, and if the court enforcement bureau cannot find the enforcement money after the case is filed, then the executor can be included in the list of dishonest judgment defaulters.
So how long does it take to revoke after being included in the judgment defaulter?
In any of the following circumstances, the period for inclusion in the list of judgment defaulters is generally two years. The details are as follows:
1) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;
2) Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property;
3) Violation of the property reporting system;
4) Violation of the consumption restriction order;
5) Refusal to perform the enforcement and scumbag settlement agreement without justifiable reasons.
That is, if one of the above five circumstances exists, the time for inclusion in the list of the untrustworthy is two years, but if the person subject to enforcement has used violence or threats to obstruct the Liang wheel, resisted the execution of the ** section seriously, or has multiple untrustworthy conduct, it may be extended by one to three years. Therefore, the time for inclusion in the list of dishonest may also be 3, 4 and 5 years.
According to the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters, the so-called "judgment defaulters" refer to judgment debtors who "have the ability to perform but do not perform the obligations set forth in effective legal documents". Article 6 of the judicial interpretation stipulates that "credit punishments" shall be imposed on "judgment defaulters" in areas such as procurement, bidding and bidding, and administrative examination and approval. >>>More
List of Judgment Defaulters: refers to the provisions of Article 1 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" (adopted at the 1582nd meeting of the Adjudication Committee of the Supreme People's Court on July 1, 2013)."The person subject to enforcement has the ability to perform but does not perform the obligations set forth in the effective legal documents"In any of the following circumstances, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law. >>>More
Even if, after the court revokes the list of dishonest persons. It will also leave a bad record in the bank. Personal records are deleted in 5 years.
It doesn't have much impact on the children. The debtor's children are not liable for the repayment of the debt. Our law does not provide for the repayment of father's debts to children. >>>More
<>2. After entering the first page of the official website of the China Enforcement Information Disclosure Network, find the person subject to comprehensive inquiry and click to enter. >>>More