Never sign an execution settlement agreement
Never sign an execution settlement agreement. If it causes harm to the human body, the public security organs will conduct an appraisal of the victim’s injuries. After the appraisal is completed, I hope it will be a trivial matter and sign a settlement agreement. I will share with you below that you should never sign or execute the settlement agreement.
Never sign an execution settlement agreement 1
First, execution generally does not involve settlement, right?
Whether a settlement is implemented or not mainly depends on the wishes of the parties. If the parties reach a settlement during execution, they may enter into an execution settlement agreement, determine the debt performance amount and settlement period, and execute the settlement agreement in accordance with the settlement agreement. If the person subject to execution fails to perform in accordance with the execution settlement agreement, the person applying for execution has the right to request the court for compulsory execution in accordance with the contents of the original effective legal document. Execution of a settlement can only be done before and during execution, and cannot be done after an execution of the settlement.
If one party does not perform or does not fully perform the settlement agreement voluntarily reached during the execution, and the other party applies for execution of the original effective legal document, the people's court shall resume execution, but the part of the settlement agreement that has been performed shall be deducted . If the settlement agreement has been fully performed, the people's court shall not resume execution.
2. What are the procedures and methods of court enforcement?
(1) Court execution procedures
1. Application
The parties must fulfill the legally effective civil judgments, rulings and criminal judgments and rulings. If one party refuses to perform, the other party may apply to the People's Court for execution, or the judge may transfer the case to the person subject to execution for execution.
2. Court acceptance
If the parties or interested parties believe that the execution is illegal, they may submit written objections to the people's court responsible for execution. If a party or interested party raises a written objection, the people's court shall review it within 15 days from the date of receipt of the written objection. If the reason is established, it shall rule to revoke or correct it; if the reason is not established, it shall rule to reject it.
3. Application for reconsideration
If the parties or interested parties are dissatisfied with the ruling, they may apply for reconsideration to the people's court at the next higher level within 10 days from the date of delivery of the ruling. If the People's Court fails to execute the application for more than six months from the date of receipt of the execution application, the applicant may apply to the People's Court at the next higher level for execution. After review, the people's court at a higher level may order the original people's court to execute the case within a time limit, or it may decide to have this court execute the case or instruct another people's court to execute it.
4. Serving the execution notice to the person subject to execution
After the person subject to execution receives the execution application or transfer execution letter, he shall serve the execution notice to the person applying for execution and order It must be performed within the prescribed time limit. If it is not performed within the time limit, enforcement will be enforced. If the person subject to execution fails to perform the obligations specified in the legal document and is likely to conceal or transfer property, the execution officer may immediately take enforcement measures.
5. Taking compulsory measures
When taking compulsory measures, the executive shall produce his certificate. After the execution is completed, an execution record shall be made and signed or sealed by the relevant personnel present
(2) Methods for enforcement by the court
1. Inquiry, freezing, and transfer of persons applying for execution of deposits.
2. Withhold and withdraw the income of the person applying for execution.
3. Seal, detain, auction, and sell off the property of the person applying for execution.
After the court’s ruling comes out, if the person subject to execution fails to perform in accordance with the ruling, the party concerned can propose an enforcement plan within the time limit specified by law. The general method of enforcement by the court is to freeze the deposits of the person subject to enforcement. , withhold and withdraw the income of the person subject to execution, sell and seize the property of the person subject to execution, etc.
Do not sign an execution settlement agreement 2
First, there is reconciliation within execution, but no reconciliation outside execution.
What does it mean? This means that the parties should not reach a settlement agreement privately.
There is a very classic case. The general situation is as follows:
A couple **** together applied for execution of a certain company. During the period, the man fell ill and went to the factory and lost his capacity for civil conduct. The woman The woman continued to apply for enforcement. After negotiation, the woman and the enforcement company reached a private settlement agreement, and the company completed the performance in accordance with the settlement agreement.
At this time, the couple’s daughter applied to the court as the legal representative to continue the execution of the company, and the court agreed to continue the execution. The company is dissatisfied. Your mother and I signed a settlement agreement and have fulfilled it. Why are you still here to enforce it? The company appealed to the Intermediate Court, which upheld the original verdict.
What does this mean? Explain that the execution settlement agreement reached privately by both parties is not protected by law.
Let’s take a look at the “Provisions of the Supreme People’s Court on Several Issues Concerning the Execution of Settlement”. If the second settlement agreement falls under any of the following circumstances, the People’s Court may rule to suspend execution:
(1) All parties *** simultaneously submit a written settlement agreement to the People's Court;
(2) One party submits a written settlement agreement to the People's Court, and the other parties approve it;
< p> (3) One party submits a written settlement agreement to the People's Court, and the other(4) All parties reach an oral settlement agreement, and the execution staff records the settlement agreement, and it is signed or stamped by all parties. Chapter.
According to the above legal provisions, they can be summarized into three articles:
1. The execution of the settlement agreement must be voluntary.
2. The execution of the settlement agreement must be in writing
3. It must go through the court
4. The content of the execution of the settlement agreement will be recorded in the transcript
2. Situations that cannot be solved but prevented:
1. To prevent the execution judge from closing the case for the sake of closing the case and to avoid the case from being protracted. Trying their best to promote the parties to reach a settlement agreement without reviewing whether the settlement agreement can be implemented, resulting in a situation where the case cannot be concluded.
There are many cases of forced settlement.
The execution of a settlement differs from court mediation.
Reconciliation is an agreement reached through voluntary negotiation between the parties without the participation of any third party. It is a disposition of the parties’ own civil rights and civil litigation rights, and should be allowed as long as it does not violate legal provisions.
Court mediation is under the auspices of the People's Court, mobilizing the parties to negotiate to resolve their disputes. The court is not allowed to preside over mediation.
To this end, during the process of reviewing and executing the settlement agreement, the people's court should solicit the opinions of the parties separately and verify the content and true intentions of both parties regarding the settlement agreement.
2. Prevent the person being executed from adopting delaying tactics.
Some persons subject to execution often do not negotiate in good faith with the person applying for execution during the execution, but actively approach the person applying for execution to reach a settlement agreement just for the purpose of reaching a settlement agreement. In the name of settlement agreement, delay, transfer property, and avoid execution.
Therefore, for cases in which a settlement agreement has been reached, the person subject to execution should not shelve the case.
Applicants should not wait or hope that the person subject to execution will discover his conscience and perform the act voluntarily.
Applicants should always pay attention to the dynamics and news of the person subject to execution. Once they discover that the person subject to execution has transferred property or other behaviors to avoid execution, they should contact the execution judge in a timely manner and take corresponding execution measures.
3. Due to the performance of the settlement agreement, another litigation cost will be increased.
What should I do if the person subject to execution fails to perform after the parties reach a settlement agreement?
According to Article 9 of the "Provisions of the Supreme People's Court on Several Issues Concerning Execution and Reconciliation", if the party subject to execution fails to perform the execution of the settlement agreement, the applicant may apply to resume the execution of the original effective legal document, or may terminate the execution of the settlement agreement. File a lawsuit in the enforcement court to execute the settlement agreement
1. Apply to resume the execution procedure
2. File a separate lawsuit
Is it troublesome? Very troublesome.
What are the risks?
If after the execution settlement agreement is signed, the court lifts the previous sealing, seizure, and freezing measures, and the person subject to execution transfers property during this period, then the resumption of execution will result in no property for execution, or The court simply refuses to resume the execution procedure, which would be extremely passive and disadvantageous to the applicant.
If there is ambiguity between the two parties regarding the performance of the settlement agreement, the dispute must be resolved through separate litigation, which will undoubtedly bring unnecessary litigation burden and frustration to the applicant.
Therefore, when signing and executing a settlement agreement, one must be cautious, cautious, and more cautious.
If it is necessary to sign, then various matters in the execution of the settlement agreement should also be agreed upon very clearly to avoid some possible risks.
Enforcement cases are much more complicated than litigation cases. It is not like what many people imagine. Once the case reaches the court, you don’t care about anything and just wait to collect the money. It is unpredictable, unexpected situations may occur at any time, and there is no room for relaxation. It often requires more energy and effort than litigation cases.
Never sign a settlement agreement 3
Don’t sign a settlement agreement if you have minor injuries
It’s not that you can’t sign a settlement agreement, but don’t sign a settlement if the compensation is unclear. For example, if the agreement involves personal injury, do not settle. Most victims want to get the money quickly. They do not have a long-term vision and only care about immediate interests. It is easy for accidents to happen. Most victims want to get money quickly, but do not have a long-term perspective and only care about immediate benefits, which can easily lead to accidents. Although there are some cases where you can get money easily and quickly, it is only suitable for cases where accident compensation is clear.
If a personal injury compensation case occurs, the parties involved do not know their own situation clearly and cannot claim compensation from the perpetrator. The reason why minor injury settlement cannot be criminal settlement may be that the party concerned has a history of intentional crime within five years, that is, he has a criminal record.
Article 277 of the "Criminal Procedure Law" stipulates that in the following public prosecution cases, the criminal suspect or defendant sincerely repents, obtains the victim's understanding by compensating the victim's losses, apologizing, etc., and the victim voluntarily In case of reconciliation, both parties may reconcile:
(1) Criminal cases arising from civil disputes as stipulated in Chapter 4 and Chapter 5 of the Criminal Law may be sentenced to a fixed-term imprisonment of not more than three years;
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(2) In cases of criminal negligence other than dereliction of duty, the person may be sentenced to a fixed-term imprisonment of not more than seven years. If a criminal suspect or defendant has a criminal record of intentional crime within five years, the procedures specified in this chapter shall not apply.
Minor injuries cannot be overturned after reaching a settlement
Minor injuries can be charged with intentional injury, which can be mediated, criminally detained, or charged with intentional injury. Sentenced to fixed-term imprisonment of not more than three years. If the procuratorate does not prosecute, it is a private prosecution case.
Since it is mediation, an agreement must be signed. If the signed agreement clearly does not require legal liability in writing, the procuratorate will generally not initiate separate prosecutions unless necessary.