Debt is terrible, but what is even more terrible than debt is ignorance of the consequences of being included in the breach of trust. Once you become a "deadbeat", what awaits you will be restricted in travel, downgrade in consumption, denied loans, prohibited entry and exit, unavailable for government procurement, restricted in school, and judicial detention...
Before you slide to the road of failure to return to the dishonest person for execution
0 The People's Court tells you to be a qualified person for execution
0 First step
Report property in accordance with the law
Maybe you can be less embarrassed...
Property reporting order is an important execution system, and reporting property is the obligation of the person for execution. In judicial practice, many people subject to execution have misunderstandings about property reporting orders. Credit punishment occurs frequently due to violation of the property reporting system. So what are the common behaviors that violate this system?
1 and do not actively apply for . Ignore the property reporting order, hide the property and do not report it, attempt to transfer the property to evade execution, or do not answer the phone or reply to text messages, play "hide and seek" and "evaporate in the world", and try to delay and wait for change!
2 and do not truthfully declare . Even though he knew that he had a lot of property in his name, he avoided the important things, reported it less, falsely reported it, and even transferred it, trying to get away with it.
3, did not rolling to declare . When the property situation changes, no additional declaration is made to the people's court in a timely manner. For example, when you know that you have maturing claims or one-time income during the execution period, you do not report it and try to conceal your income.
4, did not report "zero" . Even if there is no property available for execution, the person subject to execution should report the property to the court, otherwise it may be deemed to be refused.
The above four situations are all wrong behaviors
If you want to do this, the court will take sanctions against you in accordance with the law
The legal consequences of refusing to report or falsely reporting:
1. Detention or fine
According to Article 241 of the Civil Procedure Law of the People's Republic of China, if the person subject to execution refuses to report or falsely reports the property situation, the people's court may impose a fine or detention on the person subject to execution or his legal representative, the main person in charge of the relevant unit or the person directly responsible for it, depending on the severity of the circumstances.
2. Included in the list of dishonest
According to Article 1 of the "Several Provisions of the Supreme People's Court on Publishing Information on the List of Breach of Trustworthy Persons", if the person subject to execution fails to fulfill the obligations determined by the effective legal documents and violates the property reporting system, the people's court shall include him in the list of dishonest verdicts and imposes credit punishment on him in accordance with the law.
3. The crime of refusal is investigated
According to Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in Trial of Refusal to Execute Judgments and Rulings for Criminal Cases", if a person with an obligation to execute is capable of executing and has acts of refusal to report or falsely report property status, and still refuses to execute after taking compulsory measures such as fines or detention, it shall be deemed to be "a situation where the ability to execute but refuses to execute, and the circumstances are serious", and shall be punished for refusal to execute the judgment or ruling. The effectiveness of the
property reporting order is not just a saying!
So what is the correct way to do it?
1. Specific operation:
The person subject to execution shall report the current property status within ten days after receiving the property reporting order and within one year before receiving the execution notice. During implementation, when property changes, the property situation shall be reported additionally within ten days from the date of change.
2. Property reporting scope:
First, income, bank deposits, cash, wealth management products, securities;
Second, real estate such as land use rights, houses, etc.;
Third, movable property such as transportation tools, machinery and equipment, products, raw materials, etc.;
Fourth, property rights such as debt, equity, investment rights, fund shares, trust beneficiary rights, intellectual property rights, etc.;
Fifth, other property that should be reported.
Document: Executive Board
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