Can I still negotiate if it is enforced?

Updated on society 2024-07-18
5 answers
  1. Anonymous users2024-02-13

    OK.

    As for the provisions on whether the court can still negotiate if the court enforces the law, when the other party applies for enforcement, the court will generally organize a settlement during the enforcement process. If the other party agrees, you can. If the other party doesn't agree, it's not okay.

    How to apply for enforcement:

    If one party refuses to perform on an effective court judgment or arbitral award, the other party may apply to the people's court for compulsory enforcement. The following issues need to be noted:

    1. The application should be made within 2 years.

    2. Submit an application for enforcement, which will be accepted by the court of first instance and enforce it;

    3. There is no need to pay the application fee for enforcement.

    4. Provide clues about the property of the person subject to enforcement, which is conducive to the smooth execution of the judgment.

  2. Anonymous users2024-02-12

    It is enforced, and it can still be negotiated. Court enforcement is still negotiable, and the legal term is enforcement settlement. In the course of enforcement, if the two parties reach an agreement through reconciliation on their own, the executor shall record the content of the agreement in the record, which shall be signed or sealed by both parties.

    Where the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may, on the basis of the parties' application, resume enforcement of the original effective legal documents.

    Legal basisArticle 259 of the Criminal Procedure Law of the People's Republic of China.

    Judgments and rulings are enforced after they have taken legal effect.

    The following judgments and rulings are legally effective judgments and rulings:

    1) Judgments and rulings in which there is no appeal or prosecutorial counter-appeal after the legally-prescribed time limit has passed;

    2) Final judgments and rulings;

    3) Death sentences approved by the Supreme People's Court and death sentences approved by the High People's Court with a two-year reprieve.

    What is the difference between enforcement and being included in the list of dishonesty.

    Legal basisDifferent. EnforcementLegal basisfor the Civil Procedure Law of the People's Republic of China and the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China; Inclusion in the list of dishonestyLegal basisIt is the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters";

    2. The time sequence is different. The compulsory enforcement procedure precedes entry into the list of the untrustworthy, and the premise for inclusion in the list of the untrustworthy is that the applicant for enforcement applies for compulsory enforcement and has the ability to perform but does not perform the obligations set forth in the effective legal documents;

    3. The legal consequences are different. Inclusion in the list of the untrustworthy is one of the results of compulsory enforcement, and there are three legal consequences of enforcement: first, the person subject to enforcement has property available for enforcement and actively performs the performance obligations determined by the effective legal documents, and the procedure is concluded; Second, the person subject to enforcement has no property to be enforced, and can only wait for the person subject to enforcement to have the ability to perform before enforcement; Third, where the person subject to enforcement has the ability to perform but does not perform and has the circumstances provided for in the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters", they are to be entered into the list of the untrustworthy.

  3. Anonymous users2024-02-11

    It is enforced and can be negotiated.

    After being enforced, they may apply to the enforcement court for consultation or an objection to enforcement within the time limit prescribed by law, and put forward specific reasonable suggestions and evidentiary materials, but it should be noted that the negotiation requires the active cooperation and proper communication of both parties, otherwise the negotiation may be lost.

    How to apply for negotiation after being enforced:

    1. Understand the conditions and deadlines for application and negotiation: the implementation of objections and application consultations need to be carried out within the statutory time limit, generally within 10 to 15 days, if the deadline is missed, you can no longer raise objections and negotiation requests;

    2. Collect evidence and analyze the situation: Before applying for consultation, you need to collect relevant evidence and information, and fully analyze the situation of the case, so as to better explain your own views and requirements;

    4. Problems that need to be paid attention to in the negotiation process: in the negotiation process, both parties need to actively cooperate and communicate properly, and put forward specific solutions and reasonable suggestions to achieve the mutual satisfaction of both parties;

    5. If the negotiation fails: If the negotiation fails, the enforcement court will continue to enforce in accordance with the law, and if you are not satisfied, you can apply for an appeal or apply for an enforcement reconsideration. <>

  4. Anonymous users2024-02-10

    During the enforcement period, the parties can settle. The mediation agreement is legally valid and permanent. The mediation agreement between the people's court and the parties shall have legal effect upon confirmation by the court.

    People's courts hearing civil cases should follow the principles of ascertaining facts, distinguishing between right and wrong, and voluntarily and lawfully, and if mediation fails, a judgment should be made in a timely manner.

  5. Anonymous users2024-02-09

    Summary. Hello dear, happy to answer your <>

    It is enforced, and it can still be negotiated.

    Can I still negotiate if it is enforced?

    Hello dear, happy to answer your <>

    It is enforced, and it can still be negotiated.

    Legal analysis: Court enforcement is still negotiable, and the legal term is enforcement settlement. In the course of enforcement, where the parties have reached an agreement on their own, the executor shall record the content of the agreement in the record, and the parties shall sign or affix their seals.

    Where the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties do not perform the settlement agreement, the people's court may, on the basis of the parties' application, resume the enforcement of the original effective legal documents.

    The legal basis is the Civil Procedure Law of the People's Republic of China and the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China; The legal basis for inclusion in the List of the Untrustworthy is the "Provisions of the Supreme People's Court on Several Disadvantages of Publishing Information on the List of Judgment Defaulters"; 2. The time sequence is different. The compulsory enforcement procedure precedes entry into the list of the untrustworthy, and the premise for inclusion in the list of the untrustworthy is that the applicant for enforcement applies for compulsory enforcement and has the ability to perform but does not perform the obligations set forth in the effective legal documents; 3. The legal consequences are different. Inclusion in the list of the untrustworthy is one of the results of compulsory enforcement, and there are three legal consequences of enforcement: first, the person subject to enforcement has property available for enforcement and actively performs the performance obligations determined by the effective legal documents, and the procedure is concluded; Second, the person subject to enforcement has no property to be enforced, and the lease can only wait for the person subject to enforcement to have the ability to perform before enforcement; Third, where the person subject to enforcement has the ability to perform but does not perform and has the circumstances provided for in the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters", they are to be entered into the list of the untrustworthy.

    Dear, if you still don't know anything, you can consult me at any time, as long as you need it, I will always be You can contact your arrears bank and online loan platform, customer service, indicate your willingness to repay, provide proof of inability to repay, and negotiate personalized installment repayment.

    I would like to ask if there will be an auction or freeze of the car in my husband's name.

    Generally, the other half of the assets will not be frozen, and the auction will not be made.

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