The company has become a dishonest person subject to execution, and the legal person has become a pe

Mondo Social Updated on 2024-03-06

So the question is, what is the difference between the height limit and the judgment defaulter?

1.The targets are different: those who are restricted from high consumption can be the person subject to enforcement, the unit of the person subject to enforcement, and also include the legal representative, the main person in charge, etc., while the judgment defaulter can only be the person subject to enforcement himself.

2.The time limit is different: the time limit for high consumption is until the completion of the performance of the judgment debtor's obligations, while the time for the judgment defaulter is generally eliminated five years after the performance of the obligation.

Legal basis: Article 1 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters.

In any of the following circumstances, the people's court shall enter them into the list of judgment defaulters and give them credit punishments in accordance with law:

1) Refusal to perform obligations set forth in effective legal documents despite having the ability to perform;

2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (4) Violating the property reporting system;

5) Violating an order restricting spending;

6) Refusal to perform on the enforcement of a settlement agreement without a legitimate reason.

1. Different; Where judgment defaulters are included in the list of judgment defaulters, it is the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters". Article 4 of the "Several Provisions of the Supreme People's Court on Restricting High Consumption by Persons Subject to Enforcement" restricts high-spending persons: restricting high-spending is generally subject to a written application submitted by the person applying for enforcement, which is reviewed and decided by the people's court; When necessary, the people's courts may make decisions ex officio.

2. Different ways to be included; The premise for being included in the list of the untrustworthy is that the enforcement applicant applies for compulsory enforcement and has the ability to perform but does not perform the obligations set forth in the effective legal documents. An order to restrict high consumption is a measure taken by the court to restrict consumption in accordance with the relevant provisions of the Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption of Persons Subject to Enforcement, against a person who fails to perform the payment obligations determined in the effective legal documents within the period specified in the enforcement notice.

3. The legal consequences are different; There are two consequences of being included in the list of the untrustworthy: first, the person subject to enforcement has property available for enforcement and takes the initiative to perform the performance obligations determined in the effective legal documents, and the procedure is concluded; Second, the person subject to enforcement has no property to be enforced, so he can only wait for the person subject to enforcement to have the ability to perform before enforcement. Restricting high consumption means that strict measures will be taken to "restrict high consumption" against the "old guys" who refuse to implement the effective legal documents of the court. If a person becomes a dishonest executor, then there is a high probability that he will be restricted from high-consumption behaviors and become a person with restricted high-consumption behavior.

Under normal circumstances, you can apply for cancellation within three working days after paying off the arrears.

Where judgment defaulters meet any of the following circumstances, the people's courts shall delete the relevant information from the judgment defaulters list

1) They have fully performed the obligations set forth in effective legal documents;

2) An enforcement settlement agreement is reached with the person applying for enforcement, and the person applying for enforcement confirms that the performance has been completed;

3) The people's court rules to terminate enforcement in accordance with law.

Legal basis: Article 11 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters.

What are the High Spending Restriction Orders?

1) When taking the first pass, choose the second class or above of the plane, train soft sleeper, and ship.

2) Carry out high consumption in places such as hotels, hotels, golf courses and other places above the star level.

3) Purchase of real estate or newly-built, expanded, or high-end renovated houses.

4) Lease high-end office buildings, hotels, apartments and other places to work.

5) Purchase of non-essential vehicles.

6) Tourism and vacation.

7) Children attend high-fee private schools.

8) Pay high premiums to purchase insurance and wealth management products.

9) Other consumption behaviors that are not necessary for life and work, such as taking all seats on G-prefix EMU trains and first-class or above seats on other EMU trains.

Where the person subject to enforcement is a natural person, after measures to restrict consumption are employed, there must not be high consumption or consumption that is not necessary for life or work, and where the person subject to enforcement is a unit, after measures to restrict consumption are employed, the person subject to enforcement, their legally-designated representatives, principle responsible persons, persons directly responsible for influencing the performance of debts, and actual controllers must not carry out the conduct provided for in the preceding paragraph.

Where personal property is used for private consumption to carry out the acts provided for in the preceding paragraph, an application may be submitted to the enforcing court. If the court of enforcement verifies the facts, it shall be granted.

1. Where it will be restricted, restrict high consumption and affect personal credit reporting. Restricting high consumption indicates that the user has appeared on the court's list of judgment defaulters, and restricting high consumption is only one of the punitive measures, and the judgment will be uploaded to the personal credit record of the central bank, which will have a certain impact on the user's future application for credit cards and bank loans. Users can request the court to lift the height limit after paying off the arrears.

2. Restriction of high consumptionThe purpose of restricting high consumption is to prevent property loss. However, buying or leasing high-end office buildings may also increase property, which is conducive to the enforcement of court judgments. Indirect enforcement measures are to achieve the purpose of active performance by restricting part of the personal freedom of the person subject to enforcement. Since some systems such as property registration have not yet been established and improved, the restriction of high consumption is declarative in a certain sense. However, if they are found to have violated the law, they will be sanctioned and made to pay the price.

If the person subject to enforcement fails to perform the court's compulsory enforcement within the specified time, the court restricts the person subject to enforcement from high consumption, such as not being able to take a plane, not being able to lease an office building, etc., and the restriction on high consumption will also affect personal credit reporting, and there is a period of restriction on consumption, and after the person subject to enforcement has returned all debts, he may apply for lifting the restriction on high consumption.

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