Will the judgment defaulter be automatically canceled after 5 years?

Legal Analysis: Case-by-case analysis. Where the judgment defaulter's validity period of 5 years refers to the fact that the enforcement person actively performs the obligations set forth in the effective legal documents or takes the initiative to correct the untrustworthy conduct, the list of the untrustworthy will be revoked after the 5-year period is completed.

If the judgment defaulter fails to perform the contract, the system will not automatically revoke the bad record even after the 5-year validity period has passed.

Legal basis: "Regulations on the Administration of the Credit Reporting Industry" Article 16: Where the period for credit reporting establishments to store negative personal information is 5 years from the date on which the negative conduct or incident is terminated, but 5 years have elapsed, it shall be deleted. During the period for storing negative information, the information subject may make an explanation of the negative information, and the credit reporting establishments shall record it.

According to the Measures for the Management of the List of Judgment Defaulters, the information of judgment defaulters will be kept for 5 years. However, an individual's credit profile can change over time. If the judgment defaulter actively performs his obligations, takes the initiative to fulfill his commitments, and actively negotiates to resolve debt disputes within these five years, it is possible that the judgment defaulter's mark may be cancelled during this period.

But there are restrictions on this situation, and cancellation is only possible in some cases, such as:

1. During the period of keeping the record of dishonesty, the judgment defaulter has taken the initiative to perform the obligations determined by the effective legal documents in the debt litigation case determined by the court subject to enforcement;

2. The judgment defaulter's legal representative, principle responsible person, or senior management is able to provide financial guarantees and perform the obligations set forth in the effective legal documents after performing the obligations within the time limit;

3. The judgment defaulter can provide a credit report issued by the bank, guarantee company or other financial institution involved in the case that is based on the judgment defaulter's person, proving that he or she has a good credit record in the past two years.

If you are unsure of your personal credit status, you can search for "Kingfisher data" and click on the query, and enter the information to obtain Baixing credit data. However, it should be noted that with the establishment of Baihang Credit, the overdue situation of personal online loans will inevitably affect credit history, so it is important to think twice before borrowing.

Summary. Dear, hello, according to the question you described, give the following answer: First of all, the validity period of the judgment defaulter is not a five-year provision, and the five-year validity period refers to the fact that you can apply for the revocation of this record after five years, but it does not mean that the bad record will be revoked after five years, depending on whether the judgment defaulter has fulfilled the obligation, or whether the credit status is good and has fulfilled the obligation, you can apply for the revocation of this bad record.

Dear, hello, according to the question you described, give a reply to the leased property: First of all, the validity period of the judgment defaulter is not a five-year provision, and the five-year validity period refers to the fact that you can apply for the revocation of this false record after five years, but it does not mean that the bad record will be revoked after five years, depending on whether the dishonest executor has fulfilled its obligations, or whether its credit status is good and has fulfilled its obligations, before you can apply for the revocation of this bad record. <>

The methods for revocation of judgment defaulters are: the person subject to enforcement has performed the obligations set forth in the effective legal documents or the people's court has completed enforcement; The parties have reached an agreement on the enforcement of the settlement and have completed their performance; In other legally-prescribed circumstances such as where the person applying for the execution of the untrustworthy applies in writing to delete the information on untrustworthiness, and the people's court reviews and consents, an application is made to the people's court, and the people's court shall delete the information on untrustworthiness within three working days. <>

Legal Analysis: In accordance with the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" and the "Several Provisions of the Supreme People's Court on Restricting High Consumption of Judgment Defaulters", the enforcement department may impose credit punishments on them, and publish the list of judgment defaulters through newspapers, radio, television, the Internet, court bulletin boards and other means, and notify the relevant departments, financial regulators, financial institutions, public institutions and industry associations with administrative functions, etc., for relevant units to follow the law, Hail regulations and relevant provisions, in procurement, bidding and bidding, administrative approval, support, financing and credit, market access, qualification determination, and other aspects, to give credit punishment to judgment defaulters. <>

Legal basis: Effective judicial judgments and arbitration documents, administrative punishment and administrative rulings and other administrative act decision documents, as well as other documents that laws, regulations, or policy documents provide can be used as the basis for the recognition of untrustworthy conduct. <>

Untrustworthy persons are generally not automatically released for five years. The law provides that where judgment defaulters actively perform the obligations set forth in effective legal documents or take the initiative to correct untrustworthy conduct, the people's courts may decide to delete information on untrustworthiness in advance. Therefore, if the case of the untrustworthy person has been closed, it is not automatically released within five years, but must be deleted by the court after the untrustworthy person has consciously fulfilled his enforcement obligations, otherwise it will not be removed.

What are the methods for removing judgment defaulters?

1. Take the initiative to apply for removal, and once the application is successful, the judgment defaulter will be revoked within 3 working days;

2. Apply for cancellation in advance, 3. Settle with the applicant, and the applicant can submit an application for revocation;

4. Wait for automatic lifting, and after the period for inclusion is completed, the people's courts will revoke the information on untrustworthiness within 3 working days.

[Legal basis].Article 3 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 must not include the person subject to enforcement in the list of judgment defaulters on the basis of the provisions of paragraph 1 of article 1 of these Provisions:

1) Where a full and effective guarantee is provided;

2) Assets that have already been sealed, seized, frozen, or other measures sufficient to pay off debts determined in effective legal documents;

3) The person subject to enforcement has a lower order of performance and should not be compelled against them in accordance with law;

4) Other situations that do not belong to the refusal to perform obligations set forth in effective legal documents that do not have the ability to perform.

Hello, according to your description, the answer is as follows:

Generally, it can be eliminated after two years, but if there is violence, threats and methods that obstruct or resist the enforcement of the ** section, or where there are multiple untrustworthy conduct, it may be extended by one to three years. That is, up to five years.

On the basis of 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 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.

Dear <> will be happy to answer your questions. The judgment defaulter has not been revoked for 6 years, and will not take the initiative to revoke it no matter how long it takes. The obligation set forth in the judgment or mediation document must be fulfilled before the deletion is carried out.

Article 7 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters stipulates that where a judgment defaulter meets any of the following circumstances, the people shall delete the relevant information from the list of judgment defaulters: (1) they have fully performed the obligations set forth in the effective legal documents; (2) Reaching an enforcement settlement agreement with the person applying for enforcement, and the person applying for enforcement confirms that the performance has been completed; (3) The people's rule to terminate enforcement in accordance with law.