Whether the company s litigation records can be deleted

The company's court proceedings generally cannot be deleted. However, if the company has information on untrustworthiness, the court may delete the information on untrustworthiness as long as the company has fulfilled its obligations, reached a settlement with the parties, and the applicant for enforcement has made an application.

[Legal basis].Article 10 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters.

In any of the following circumstances, the people's courts shall delete the 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) Where 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 procedures are concluded, the person subject to enforcement is inquired into the assets of the person subject to enforcement through the online enforcement inspection and control system two or more times, and no property available for enforcement is found, and the person applying for enforcement or other persons does not provide effective property leads;

5) Where the people's court rules in accordance with law to suspend enforcement of judgment defaulters due to trial supervision or bankruptcy procedures;

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.

First of all, it is certain that the record of litigation can be expunged! Due to the openness of information, a large number of litigation records, information on the person subject to enforcement, administrative penalties and other bad records will affect the company's brand image, pull down the brand trust, many enterprises have lost orders, seriously affecting market competitiveness, the state has also issued a series of policy documents in this regard to support enterprises to repair the record of untrustworthy behavior, eligible enterprises can apply for record removal. Corporate administrative penalties, judicial records, abnormal lists, blacklists, and negative news can all be eliminated theoretically.

can be deleted.

There are two prerequisites for corporate credit repair:

1.Relevant legal obligations have been fulfilled (e.g. fines have been paid, relevant corrective measures have been completed, etc.).

2.Meet the minimum publicity period (the minimum publicity period for minor administrative penalties is 3 months; The minimum publicity period for general administrative punishments is 6 months; The shortest publicity period for food, medicine, special equipment, etc. is 1 year; The shortest publicity period for serious administrative punishments is 1-3 years; The shortest publicity period for specified serious administrative punishments is 3 years. ）

Specifically, it is also necessary to judge according to the administrative punishment decision, each administrative punishment case is different, and the policies of each place are also different, so there is no special fixed norm.

Summary. Pro-litigation records can only be eliminated if you reach a settlement with the parties and withdraw the lawsuit

1.Settlement: The parties can reach a settlement through negotiation, and the parties can reach an agreement to resolve the dispute and erase the litigation record.

2.Mediation: The parties can reach an agreement through mediation by a mediation agency to resolve the dispute and eliminate the litigation record.

3.Withdrawal of the lawsuit: The parties may withdraw the lawsuit filed and erase the litigation record by withdrawing the lawsuit.

4.Invalidation: Both parties may apply for a declaration of nullity and expunge the litigation record.

5.The court ruled that the parties could expunge the litigation record through a court ruling.

Pro-litigation records can only be eliminated if you reach a settlement with the parties and withdraw the lawsuitYou can refer to the following methods: Generally speaking, corporate litigation records can be eliminated in the following ways:1

Settlement: The parties can reach a settlement through negotiation, and the parties can reach an agreement to resolve the dispute and erase the litigation record. 2.

Mediation: The parties can reach an agreement through mediation by a mediation agency to resolve the dispute and eliminate the litigation record. 3.

Withdrawal of lawsuit: Both parties may withdraw the lawsuit filed by withdrawing the lawsuit and eliminating the record of the lawsuit. 4.

Invalidation of the lawsuit: Both parties may apply for a declaration of nullity of the lawsuit and expel the litigation record. 5.

The court ruled that the parties could expunge the litigation record through a court ruling.

Tomorrow we will get the verdict before returning. We are a related party of the second instance, and we have already won the award, and the bank's inquiry shows that our case is over, and the system shows how long it is.

We mainly need the bank's credit inquiry to show that our case has ended, and how to deal with this system update link.

We have all our loan cards here. Now that the case is closed, we want to move this step faster.

At present, the bank check here shows that the case is still ongoing. It must be that the relevant system has not been updated, how can we follow up on this matter.

This is the core of my problem.

Bad records in the credit reporting system can only be eliminated five years after the arrears are settled.

It's not that the lawsuit isn't shown, it's just that the lawsuit is over.

The only way is to look at the bank's review conditions, individual banks can provide repayment records or no current bad records, you can try to start from this aspect.

Show that the lawsuit is completed but there will still be this record on the credit report, if you need to slide to the credit to show that the current arrears of the letter fan source has been repaid, it will take 1-3 months, the specific need depends on the frequency of your credit update, the fastest is to repay the current month and the next month can be updated.

It is basically impossible to delete the records of judgment documents on the Chinese Judgment Online. Unless you prove to the relevant authorities that you don't have any of this lawsuit now, let the customer contact the official again**, and they will definitely take the initiative to help you delete it.

Legal analysis

The court prosecution process is as follows: 1. When the parties file a lawsuit, they should first submit the indictment, and submit the corresponding number of copies according to the number of the opposing party, and if the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties should be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be indicated; 2. According to the principle of who asserts and who presents evidence, the plaintiff shall submit the corresponding materials to the court; 3. After the parties have completed the necessary formalities and submitted all relevant evidence, the case filing division shall, within seven days, handle the case filing formalities for those who meet the requirements for case filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance; 5. After the case filing formalities, the case will be scheduled by the court for trial. How to bear the costs of litigation:

The filing fee is to be paid in advance by the plaintiff. Where the defendant submits a counterclaim, the case acceptance fee is to be calculated on the basis of the amount or value of the counterclaim, and the defendant is to pay it in advance. Where the parties have real difficulties in paying the litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment.

Whether or not to be suspended, reduced, or waived is to be reviewed and decided by the people's courts. When the case is concluded, the people's court shall notify the person in writing of a detailed list of litigation costs and the amount to be borne by the parties. At the same time, the judgment, ruling or mediation document shall specify the litigation costs to be borne by each party.

The parties shall settle the litigation costs with the people's court on the basis of the payment receipts and the judgment, ruling or mediation document, and refund the excess and make up the deficiency.

[Legal basis].

Civil Procedure Law of the People's Republic of China

Article 63: Evidence includes: (1) the parties' statements; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 119:The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit. "

As China's credit management system becomes more and more sound, in fact, we can coordinate and communicate with the judicial department, just like going through the road of litigation again, step by step to help enterprises delete the judgment documents, judicial cases, court announcements, case filing information, ** announcements, records of the person subject to enforcement, their own risks, associated risks, historical risks, etc., through the repair of these credit information, As a result, the reputation and trust of the company's brand have been enhanced, the credit barriers have been cleared for the enterprise, and new cooperation opportunities have been brought to the enterprise.

The civil ruling on the contract dispute of the industry is publicly publicized on the Chinese judgment website, which has a great impact on the company's operation and production, and many units believe that the enterprise is not a dishonest unit if it does not perform its legal obligations. As a result, many companies want to withdraw the adjudication documents, but there are no suitable channels, so that the companies have lost many opportunities for cooperation. Generally, those involved in litigation that have been closed and have proof of closure can apply for deletion, and submit relevant materials through communication with the relevant judicial departments, but whether they can be deleted will be handled by the court after review.

If you want to delete this lawsuit information, you must first prove to the relevant departments that you don't have any lawsuit now, and let the customer contact the official again, and they will definitely take the initiative to help you delete it.

Communicate and negotiate with the relevant legal institutions, and through the submission of professional information documents, and after the review is passed, the litigation records on the judgment document online will be deleted.

Legal analysis: You can go directly to the court to explain, and if the two parties are willing to settle and there is no factual violation, the record can be eliminated.

Legal basis: Company Law of the People's Republic of China Article 5 The company must comply with laws and administrative regulations, abide by social morality and business ethics, be honest and trustworthy, accept the supervision of the public and bear social responsibilities. The legitimate rights and interests of the company are protected by law and are not infringed.

The methods for eliminating the records of enterprise investigation cases include: administrative reconsideration, court judgment, application for revocation of punishment, etc.

1. Administrative reconsideration.

If the party believes that the administrative punishment received by the party has violated laws and regulations, it may submit an application for administrative reconsideration to the administrative organ with jurisdiction, and the reconsideration machine will review whether the original punishment is illegal after investigation and verification based on the evidence submitted by the applicant, and if it is determined that the original punishment is illegal or unreasonable, the original punishment can be cancelled, so that the original case record will be eliminated.

2. Court judgment.

The parties may file a lawsuit with the people's court and request the court to make a judgment, and after the court hears the case, if it finds that the original punishment is illegal or unreasonable, it may make a judgment to revoke or modify the punishment, so that the original case record will be eliminated.

3. Apply for the penalty of revocation of the attack.

The parties may apply to the administrative organ with jurisdiction to revoke the punishment, and if the administrative organ believes that the original punishment is illegal or unreasonable, it may revoke the original punishment, so that the original case record will be eliminated.

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Legal analysis: On November 14, 2013, the Executive Bureau of the Supreme People's Court signed a memorandum of cooperation with the Credit Information Center of the People's Bank of China to jointly clarify the relevant work operating procedures for the inclusion of information on the list of untrustworthy persons subject to enforcement into the credit investigation system. In the future, the information on the Judgment Defaulters List will be integrated into the judgment debtors' credit files, and provided to financial institutions and other units in the form of credit reports, for relevant units to weigh and consider in the review of loans and other operations.

The promulgation of this judicial interpretation aims to guide courts at all levels in the correct and effective use of credit punishment measures, establish a list of judgment defaulters, and urge judgment defaulters to perform their obligations as soon as possible, and promote the establishment of a social credit system.

If a lawsuit has been processed, then the company's litigation records in court cannot be expunged. The retention period is permanent and will not be deleted, unless otherwise provided by law. There is no way to erase court files.

But the court's case files are kept for a long time. If you want to remove the list of dishonests, please comply with the corresponding legal obligations.

Legal basis: Article 74 of the Company Law of the People's Republic of China In any of the following circumstances, shareholders who vote against the resolution of the shareholders' meeting may request the company to acquire their equity in accordance with a reasonable **:

1) The company has not distributed profits to shareholders for five consecutive years, and the company has made profits for five consecutive years and meets the conditions for distributing profits stipulated in this Law;

2) The merger, division or transfer of the main property of the company;

3) The business period specified in the articles of association of the company expires or other reasons for dissolution specified in the articles of association arise, and the shareholders' meeting passes a resolution to amend the articles of association to make the company exist.

If the shareholder and the company cannot reach an equity acquisition agreement within 60 days from the date of the resolution of the shareholders' meeting, the shareholder may file a lawsuit with the people's court within 90 days from the date of the resolution of the shareholders' meeting.