You must take the initiative to deal with an old slick.
1. Limiting height = people without money
Limiting high consumption means that the person subjected to execution fails to fulfill the payment obligations specified in the effective legal documents within the period specified in the enforcement notice, and the people's court may take measures to limit his high consumption and related consumption that is not necessary for life or business.
there are two characteristics of the person subjected to execution targeted by "height limit":
First, the person who fails to fulfill the obligation to pay back the money.
second, there is no money.
II. People who have broken their promises = those who have money but don't pay it back
When the person subjected to execution fails to fulfill the obligations specified in the effective legal documents and has any of the following circumstances, the court will include him in the list of people who have broken their promises and impose credit punishment on him according to law.
1. Have the ability to perform and refuse to perform the obligations.
2. Obstruct or resist execution by forging evidence, violence, threats, etc.
3. evading execution by means of false litigation or concealing or transferring property.
4. Violation of the property reporting system.
5. Violation of consumption restriction order.
6. refusing to perform the settlement agreement without justifiable reasons.
there are two characteristics of the person subjected to execution against whom "dishonesty" is directed:
First, the person who fails to fulfill the obligation to repay the money.
second, if you have money, you won't pay it back.
3. Consequences of height restriction = consumption
[ natural person restriction ]
1. First-class seats on airplanes, soft sleeper trains, G-head trains and other motor trains.
2. High consumption in hotels, hotels, nightclubs and golf courses above the star level.
3. Buy real estate or build, expand or decorate houses with high quality.
4. Rent high-grade office buildings, hotels, apartments and other places to work.
5. purchase non-essential vehicles.
6. Travel and vacation.
7. Children attend private schools with high fees (it will not affect the college entrance examination and further studies).
8. Pay a high premium to buy insurance wealth management products.
[ unit restriction ]
If the unit is listed as the person who has been executed for breach of trust, the legal representative, the main person in charge, the person directly responsible for debt performance and the actual controller will also be subject to the above restrictions, but personal credit will not be affected. If personal property is used for personal consumption, it is necessary to apply to the court.
IV. Consequences of dishonesty = credit+consumption
After being included in the list of people who have been executed for dishonesty, there will be two consequences: restricting consumption and joint punishment, and some courts will also attach "Lao Lai's exclusive ringtone".
[ Joint punishment] The court will notify relevant government departments, financial regulatory agencies, financial institutions, institutions undertaking administrative functions and trade associations. Generally, credit punishment is given to the person who has broken the trust in government procurement, bidding, administrative examination and approval, government support, financing and credit, market access and qualification recognition.
V. Time limit for height limit
When one of the following conditions is met, the height limit can be lifted:
1. The person subjected to execution has fulfilled his obligations.
2. The parties have reached an execution settlement agreement and have fulfilled it.
3. The person subjected to execution provides a real and effective guarantee.
4. The application executor agrees to terminate the contract, and it is approved by the people's court after examination.
There is another situation, that is, if the person subjected to execution needs to temporarily lift the ban due to the necessity of life and business or other emergencies, such as medical treatment for serious personal illness, medical treatment for serious illness of close relatives, funeral of close relatives, important examinations and other restricted means of transportation, he can apply to the court and temporarily lift the ban after verification and approval.
VI. Time limit for dishonesty
The time limit for dishonesty varies according to the reasons for inclusion. When the time limit for inclusion expires or the conditions for dissolution are met, the people's court will delete the information of dishonesty.
[ General situation ]
1. The obligations specified in the document have been fulfilled or have been completed.
2. An execution settlement agreement has been reached and has been fulfilled.
3. The application executor applies in writing to delete the untrustworthy information and the court reviews and agrees.
4. After checking and controlling the property through the Internet for more than two times, there is still no property available for execution, and the applicant or others have not provided valid property clues.
5. The court decides to suspend execution due to trial supervision or bankruptcy proceedings.
[ If there is a time limit for incorporation, the above provisions are not applicable, for example: ]
2 years:
1. The person subjected to execution obstructs or resists execution.
2. Avoid execution.
3. Violation of the property reporting system.
4. Violation of the consumption restriction order.
5. Refuse to perform the settlement agreement.
1-3 years:
1. Obstructing or resisting execution is serious.
2. Having many acts of dishonesty.
VII. Starting mode of height limitation and dishonesty.
There are two ways to start "limiting height" and "breaking faith" for the person subjected to execution:
1. The application executor submits a written application to the court, which is examined and decided by the people's court.
2. The people's court decides according to its functions and powers.
This is also one of the reasons why we say that we must take the initiative to deal with Lao Lai. Whether we put pressure on each other through judicial channels or look for property clues, we need to take the initiative to apply, promote and discover. Judges are people, not ChatGPT. There may be hundreds of cases in the hands of an executive judge. If we just wait passively, the flowers may all fade.
VIII. Impact after lifting the height limit and breaking the promise
After lifting the limit, the consumption of the person subjected to execution will no longer be restricted, and joint punishment will no longer be imposed on him. "China Executive Information Open Network will no longer publicize relevant information, but it will still have a certain impact on credit reporting.
credit reporting agencies keep personal bad information for five years. After breaking the promise, the information of dishonesty will still be recorded in the credit reporting system as an objective record, and it will be given a certain negative evaluation because of previous dishonesty when handling loans or conducting credit rating.