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Will you be notified before being included in the list of untrustworthy people?
What are the consequences of untrustworthy people?
1. If the person subjected to execution fails to fulfill the payment obligations specified in the effective legal documents within the time limit specified in the enforcement notice, his high consumption and related consumption not necessary for life and career shall be restricted;
2. When the people's court decides to take measures to restrict consumption, it shall consider whether the person subjected to execution has performed negatively, evaded execution or resisted execution, and the ability of the person subjected to execution to perform.
3. If the person subjected to execution is a natural person, there shall be no high consumption and consumption behavior that is not necessary for life and work.
A faithless person refers to a person who fails to fulfill his obligations as agreed. If the actor fails to perform the obligations specified in the effective legal documents and maliciously resists execution, it belongs to the person subject to breach of trust, and the people's court shall include it in the list of the person subject to breach of trust and impose credit punishment according to law.
Standards for untrustworthy personnel
In any of the following circumstances, the person subjected to execution shall be deemed to have broken his promise:
1, having the ability to perform, refusing to perform the effective judgment;
2. Obstructing or resisting execution by forging evidence, violence or threats;
3, or through false litigation, false arbitration and other methods to avoid execution.
How long can the court's untrustworthy personnel resume credit reporting?
How long does it take for the court's untrustworthy personnel to resume credit reporting, as the case may be:
1, the untrustworthy person is included in the list of untrustworthy executors, usually for two years;
2. If the person subjected to execution obstructs or resists execution by means of violence or threats, or has repeatedly broken his promise, it may be extended for one to three years;
3. The people's court may also decide to delete the untrustworthy information in advance if the untrustworthy actively performs the obligations specified in the effective legal documents or actively corrects the untrustworthy behavior.
legal ground
"Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Persons Executed in Disbelief"
Article 1 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.
Article 5 In the notice of execution issued by the people's court to the person subjected to execution, the risk warning of being included in the list of the person subjected to execution due to dishonesty shall be clearly stated.
If the person applying for execution thinks that the person subjected to execution has one of the circumstances specified in Article 1 of these Provisions, he may apply to the people's court for inclusion in the list of persons subjected to dishonesty. The people's court shall examine and decide within 15 days from the date of receiving the application. If the people's court considers that the person subjected to execution has one of the circumstances specified in Article 1 of these Provisions, it may also decide to include him in the list of people subjected to execution for breach of trust ex officio.
If the people's court decides to include the person subjected to execution in the list of people subjected to dishonesty, it shall make a written decision stating the reasons for inclusion in the list of people subjected to dishonesty, and if there is a time limit for inclusion, it shall specify the time limit for inclusion. The decision shall be signed by the President and take effect as of the date of making it. The written decision shall be served on the parties in the way of legal document delivery as stipulated in the Civil Procedure Law.
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