In practice, as long as the person subjected to execution does not take the initiative to perform the debt, the court will basically take the initiative to include the person subjected to execution in the list of people who have lost their trust. After all, this is one of the few effective enforcement measures in the absence of executable property.
However, the list of people who have broken their promises is not unlimited, and the law also clearly stipulates the time limit for publicity.
According to Article 2 of the Supreme Court's "Several Provisions on Publishing the Information of the List of Executed Persons with Breach of Trust", if the person subjected to execution has the circumstances specified in Items 2 to 6 of Article 1 of these Provisions, the time limit for inclusion in the list of executed persons with bad faith is 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.
This is a new regulation made by the court in 20 17. In the past, there was no time limit for the list of people who broke their promises, and the new regulations increased the time limit. Therefore, generally speaking, the time limit for inclusion in the list of untrustworthy executors is within two years.
Why set a deadline for dishonesty?
The court considered that if the time limit for dishonesty is not stipulated, it will not be conducive to encouraging the untrustworthy to correct their dishonesty, making it difficult for the system of publishing the list of untrustworthy to effectively play its role of "punishing and promoting trust".
"Sweet dreams!"
In my opinion, as long as Lao Lai fails to fulfill the repayment obligations stipulated in the effective judgment, "Lao Lai" will always be Lao Lai.
Because of the name "Lao Lai", the standard language is the common name of "faithless person", that is, the defendant who lost the fully effective civil judgment determined by the people's court to fulfill repayment or other obligations within the prescribed time limit, and the loser's "bad behavior of intentionally concealing and transferring property, which led to the failure to complete the civil judgment" were included in the blacklist of "faithless person" after being examined and determined by the people's court.
The key point of "Lao Lai" here-"having the ability to perform and deliberately failing to perform" will be identified as "untrustworthy person" by the people's court.
"If it is not implemented, can it be removed from the blacklist after a while?"
In my opinion: the only way to lift the blacklist is to repay the loan. Looking through the laws of our country, unless the plaintiff gives up his creditor's rights and withdraws his application for enforcement from the court, the name Lao Lai will exist forever.
I also advise "Lao Lai": Dream on and stop doing it. Only by fulfilling the court's judgment as soon as possible and being an honest and trustworthy person can the court revoke the derogatory term "faithless person" and live freely in the future without being restricted by Lao Lai.
The above comments are for reference only, please forgive me if there is anything wrong.
If Lao Lai doesn't repay the loan, will it be automatically deleted from the blacklist after a while? First of all, tell the questioner that if you are on the blacklist of dishonesty and don't pay back the money, it will not be automatically lifted from the blacklist. When will you pay back the money? It will be several years before it will be automatically removed from the blacklist.
I experienced it personally, 1993. I lent a person 6000 yuan in my own name. At that time, 6000 yuan was not a small sum. My friend never returned it, and finally he disappeared, so I couldn't be contacted. The bank keeps asking me to pay back the money. Before the Spring Festival last year, the bank blacklisted me, which brought great trouble to my life and directly affected my life. I couldn't apply for a credit card.
Before the Spring Festival, the bank issued preferential policies to repay the loan within a specified time, which can give preferential interest. In 26 years, the interest of 6000 yuan was paid, 80 10 yuan. After the Spring Festival, I went to the bank to do ETC. The bank said my name was still on the blacklist and I couldn't handle it. I said it would take five years to automatically lift the blacklist. Therefore, friends who owe money must fulfill their repayment responsibilities and obligations on time. If they are pulled into the blacklist of dishonesty, it will affect all their future lives, including their children's further studies. Will the non-repayment mentioned by the questioner be automatically removed from the blacklist after a period of time? If you don't repay, you can't automatically lift the blacklist of dishonesty for life.
If we don't make great efforts to deal with Lao Lai and don't go to prison, Lao Lai may run rampant all over the world: once in prison, whoever dares to borrow money, cheat or kidnap, and who dares not pay back the money in time, Lao Lai will have no place to live, and criminal cases will be reduced, and society will naturally be peaceful. Then again, some parties who owe money will exchange their property for buyers, make every effort to repay them actively, automatically lift the blacklist of Lao Lai and return to society, which should be welcome. Only when there is no sign of repayment can we purify the society, and we can't automatically lift the blacklist of old lai, so that the society can move towards fairness and win people's hearts.
It depends. If the loan is 20 years, if it is 3 years (previously 2 years) from the creditor's claim to the debtor's first payment, if the limitation is interrupted, it can be ignored. If the creditor sues you and wins the lawsuit within the limitation of action, the creditor can apply for enforcement, and the court will seal up and freeze the property under the debtor's name, including movable and immovable property, and freeze the bank card under his name. It's a little annoying that the bank card has been frozen these days. Whether you are working or doing business, you can't do without a bank card, unless you are unemployed, you can earn money from home and give you cash directly. Isn't it? When doing business, you need to transfer money or scan the code. However, if Alipay and WeChat wallets are frozen, it will be even more inconvenient, and some insurance may also be implemented. If the indebted family and children benefit and inherit, the property of the family and children will also be executed. For example, a boy who has just joined the work has a house property and a large deposit under his name. This is not clear. His father must have borrowed money to buy it in the name of his children. In some places, driving is restricted, and highways are restricted ... In short, if you owe money, you must find a way to return to shore. Note that the debt repayment obligations stipulated in the documents that come into effect after the court's judgment are permanent, and the court will trace the debtor's property exhaustively.
Lawyer Liu said: It is absolutely impossible to automatically lift it.
The technical term of the blacklist is the national list of people who have been executed for dishonesty, and this information is publicized nationwide.
As Lao Lai, there are only two situations to remove the blacklist:
First, fulfill all the obligations of the judgment.
Now that it has entered the execution stage, Lao Lai should fulfill the target amount and execution expenses determined by the judgment. After the above payment is fulfilled, Lao Lai can apply to the court to withdraw from the list of people who have lost their trust.
Second, Lao Lai reached a settlement with the application executor.
In the execution stage, if Lao Lai reaches an execution settlement with you. At this time, many Lao Lai will negotiate with the applicant, hoping that the application executor can temporarily pull Lao Lai out of the list of people who have lost their trust, and the court will end this execution procedure because of the settlement rate.
Under normal circumstances, the application executor will give Lao Alai some concessions and temporarily pull Lao Lai out of the blacklist.
However, this does not mean that Lao Lai can no longer be on the list. If Lao Lai fails to perform the settlement agreement, the applicant executor can apply to the court for enforcement again, and at the same time, Lao Lai will be included in the list of persons to be executed.
Therefore, Lao Lai's blacklist depends on the effect of implementation and the attitude of the applicant.
Three, even if no settlement is reached, if the applicant is willing to terminate.
I once met a case, and the execution target was about 2 million yuan. Lao Lai, as a guarantor, moved 800,000 yuan and said countless good words to let the application executor pull him out of the blacklist.
All this depends on the expression of the will of the executor.
Will Lao Lai be automatically deleted from the blacklist after a period of time if he doesn't repay the loan?
The answer is no.
There are two ways to remove people who have lost trust from the blacklist:
The first is to fulfill all the obligations determined by the judgment and ruling, go through the closing procedures, and the blacklist of dishonesty will be removed at the same time.
The second is to negotiate with the applicant to reach an implementation settlement. If the applicant agrees, Lao Lai can be temporarily removed from the blacklist of dishonesty.
If Lao Lai doesn't repay the loan and disappears, the case will end when it expires at most, but the blacklist of dishonesty is still hanging there, and the applicant disagrees. Generally, the Executive Board will not take the initiative to remove Lao Lai from the blacklist.
The above answers are for reference.
Do you want to delete the blacklist? This is easy to handle, pay back the money; Don't try to ask the law to lift the blacklist. Even if it is really possible that magic lifted your blacklist, in people's minds, the blacklist exists for life, and it is passed down from generation to generation. Ok, are you satisfied with my answer?
Lao Lai is our common name. Legally, it refers to the person who is included in the list of people who have lost their trust. Under normal circumstances, only after all repayment obligations are fulfilled, or after the executor and the applicant reach a settlement agreement for long-term repayment, the applicant's application will be revoked and included in the list of untrustworthy executors. In both cases, it is possible to cancel being included in the list of untrustworthy people.
Therefore, no matter how long you don't repay, your obligation to bear the repayment responsibility will never disappear, and the creditor-debtor relationship determined by the court's effective judgment document will not be lost. The longer you stay, the more interest you have to pay, and the more interest you have to pay for delaying performance. So, don't take chances, try your best to bear the responsibility of repayment.
Above.
Please don't be stingy with your sympathy, sympathize with me, an old lai!
In the real society, everyone shouts, but unfortunately, I have become an old lai. Although many people of insight in the society are worried about the decline in the number of newborns and call for "raising babies for the country", I have become a super baby, an old father of three children and a poor old lai because I have given birth to three children.
I gave birth to three children in 2002, namely 20 14 and 20 17. On September 20 17, Wiki Station in gaosha town, Dongkou County charged us social support for two children and three children. My husband and wife paid 30,000 yuan and 10 in June, 20 12, respectively, and paid 50,000 yuan * * 80,000 yuan for social support, but Dongkou County Wiki paid 80,000 yuan.
On 20 17 12.22, Wugang health and family planning bureau charged me 5 1256 yuan for social support for two children and 94,256 yuan for social support for three children. I refused to accept it, and filed a lawsuit for repeated collection of social support fees with Wugang People's Court on June 1 2065438. In court, Wugang City Health Planning Bureau took out a letter No.20 18 [49] issued by Shaoyang City on July 2, 2018 as the collection basis, and ruled that I lost the case according to the letter written by gaosha town Municipal People's Government.
With a statement from Shaoyang Municipal Health and Family Planning Bureau that the collection is invalid, is the 80,000 yuan I paid gone? I called the Dongkou County Health and Family Planning Bureau and asked for a refund of the 80,000 yuan I paid. They said it had been turned over to the state treasury, and it was impossible to return it to me. So I had to appeal to Shaoyang Intermediate People's Court. The Intermediate People's Court still upheld the original judgment, but in court, the judge said that the law enforcement of Wugang Health Planning Bureau had caused me trouble, and asked Wugang Health Planning Bureau to negotiate with Dongkou County Health Planning Bureau to solve it, and changed the social support fee of 80,000 yuan to Dongkou County Health Planning Bureau to collect 40,000 yuan to write my wife's name, and Wugang City Health Planning Bureau to collect 40,000 yuan to write my name. Two leaders of Wugang Health Planning Bureau agreed on the spot. On the day of the judgment of the second instance, on 2018165438+123, Wugang Municipal Health and Welfare Bureau applied to Wugang Municipal People's Court for compulsory collection of social support for three children and freezing all my bank accounts of more than 40,000 yuan.
I looked it up on the Internet: February 3, 20 18, 18, and I became the person who was executed for breach of trust, that is, Lao Lai. The specific situation is that I have the ability to perform and refuse to perform the obligations stipulated in the effective legal documents. On February 2019 15, the judges of the Executive Board asked both parties to appear in court to close the case, but the relevant leaders of the Health and Family Planning Bureau refused to appear in court or even turned off their phones. On February 19, the Executive Board once again asked both parties to attend the court to close the case, but the relevant leaders of the Health Planning Commission still refused to attend the court and refused to meet me. Later, only one irrelevant staff member was sent. I found on the Internet that on February 9, 2065438+2009, Wugang People's Court issued a consumption restriction order against me, and on February 20, it issued a decision to terminate this execution procedure, showing that the unpaid amount was 94,256 yuan. From then on, I also became Lao Lai.
I have experienced too much sadness and helplessness along the way. Physical and mental fatigue, mental collapse. I have also expressed my indignation at Lao Lai's behavior in society. Now, when I become an old lai myself, I have no choice but to be disappointed with the supreme, fair and just law I believe in. Help me, although I can't speak, and I have no literary talent to impress you, please look at the facts on the table and make your fair judgment. Even if you criticize my voice, I can see a glimmer of light.