Search if you have any questions.
How long will it take for the court to automatically cancel the consumption restriction order?
Lawyer Liu Weichang
Practice for 3 years | Guangdong Tiansui Law Firm
Good at: legal counsel, criminal defense.
consult
The court's consumption restriction order will be automatically cancelled after two years for the following reasons:
1. According to the relevant laws and regulations, the term of the list of people who have lost their trust is generally 2 years, and it will be terminated after two years; If the person subjected to execution obstructs or resists execution by means of violence or threats, or if the circumstances are serious or he has repeatedly broken his promise, it may be extended for one to three years. The people's court may decide to delete the information of dishonesty in advance if the person subjected to execution voluntarily performs the obligations specified in the effective legal documents or actively corrects the act of dishonesty;
2. However, those who have the ability to perform legal documents but fail to perform them can only delete the list after the completion of performance. 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) has the ability to perform and refuses 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.
Legal basis: Article 22 1 of the Civil Procedure Law of People's Republic of China (PRC).
Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
Article 222
After the creditor files an application, the people's court shall notify the creditor whether to accept it within five days.
Article 223
After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance; If the application is not established, the ruling shall be rejected.
The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court.
If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
2022- 1 1-28 answer
Liu Weichang
qualification authentication
Years of practice?
three
Certification: Guangdong Tiansui Law Firm
Good at: legal counsel, criminal defense.
clock dial
Ask questions online
Grab the first praise
The problem has not been solved? Try online consultation ~
How long will it take for the court to automatically cancel the consumption restriction order?
Answer 1 answer questions online.
Reply within 5 minutes |10,000 professional interviewees
Ask questions at once
Wargo, who is attending a lecture at the aquarium, is consulting legal issues.
Xiu Mi Xiu Mi is consulting about labor and personnel.
Seven snowy days are consulting traffic regulations.
QIU scar iu is consulting a medical dispute.
Leo99 is consulting about marriage inheritance.
Xia Feng 88 is consulting about marriage inheritance.
Fish in the desert are consulting about labor and personnel.
Charming Life 0325 is consulting legal issues.
Antonmo Sadness 0325 is consulting property and real estate.
Daman 09 is consulting creditor's rights and debts.
2022 Yunzhifeng Intelligent Computing Summit
"2022 Yunzhifeng Intelligent Computing Summit" was held on February 27th, 2022 with the theme of "Intelligent Computing, Going Deep into the Industry". Focusing on Baidu Aichloud's strategy of "integrating cloud and intelligence, deepening the industry", we will interpret the trend of intelligent computing and release heavy products and best practices.
Beijing Baidu Netcom Technology has advertisements.
Zhejiang Shang Yi Rubber is the first choice for high-quality rubber sheet manufacturers.
Zhejiang Shang Yi Rubber Co., Ltd., a rubber sheet manufacturer, is a company with many years of production experience. The spot is sufficient, and the factory direct sales are large. Complete specifications and good quality. If you are looking for a rubber sheet manufacturer, you will go to Shang Yi, Zhejiang for rubber, with reliable quality.
There are advertisements for rubber products in Shang Yi on the rooftop.
Related case
Will overdue credit cards limit high consumption? _ Don't panic _ 6354 people have been helped.
Chengyang district interactive method information consultation .. advertisement
Where the credit card/online loan is overdue, regardless of RMB 565,438+10,000, please keep this law in mind and stop and postpone repayment.
Chongqing Jiaan e-commerce advertisement
How long will it take for the court to automatically cancel the consumption restriction order?
Legal analysis: there is no specific time limit for the court to restrict consumption. After the court receives the application, it can generally be completed within 7 working days, but this requires the court to arrange time and can only be negotiated with the court. The time limit for the people's court to freeze the bank deposits and other funds of the person subjected to execution shall not exceed six months, and may be extended for three months. Measures to restrict consumption include those who are executed as natural persons. After taking consumption restriction measures, the following high consumption and consumption behaviors that are not necessary for life and work are not allowed: 1. When taking transportation, choose the second-class or above cabin of aircraft, trains and ships; 2. High consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; 3, the purchase of real estate or new construction, expansion, high-grade decoration housing; 4. Rent high-grade office buildings, hotels, apartments and other places to work; Legal basis: Article 9 of "Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption of the Executed Person" During the consumption restriction period, if the executed person provides effective guarantee or the applicant agrees, the people's court may lift the consumption restriction order; If the person subjected to execution has fulfilled the obligations specified in the effective legal documents, the people's court shall, within the scope of the notice or announcement in Article 6 of these Provisions, timely lift the consumption restriction order through notice or announcement.