[Direct answer]In the Beijing area, after being listed on the list of dishonest persons subject to enforcement, those who meet the statutory conditions may apply for correction or revocation. According to Article 10 of the "Several Provisions of the Supreme People's Court on the Disclosure of Information on Dishonest Persons Subject to Enforcement" (amended on December 1, 2017), if the person should not be included in the list of dishonest persons, has fully performed his obligations, has applied to the enforcing court in writing for deletion, or has fulfilled his obligations after the termination of the enforcement procedure, the people's court shall delete the dishonest information within three days. If the inclusion is considered erroneous, the party concerned may apply to the enforcing court for correction, and the court shall review and make a ruling within 15 days. For similar issues, please refer to the above content for reference.Creditor's rights and debts, and enforcement casesColumn.
I. Problem background and typical scenarios
Such requests are commonly seen in several situations: first, being mistakenly included in the list of untrustworthy individuals, and the party concerned requests correction; second, having voluntarily fulfilled all obligations and hoping to delete the untrustworthy information as soon as possible; third, reaching an enforcement settlement and fulfilling it, and applying to remove the party from the list; fourth, the legal representative or shareholder being mistakenly listed due to the company's debts, and claiming correction; fifth, having fulfilled all obligations after the conclusion of this enforcement and requesting restoration of credit. Many parties are concerned about whether correction is subject to fees and how long it will take to complete. For matters involving enforcement materials, please refer to the relevant provisions.Special services and other casesThe relevant explanations of the column.
II. Key points of contention
First, the legal circumstances for correction, including those that should not be included, those that have fulfilled their obligations, and those that the applicant for enforcement has applied to delete. Second, the correction procedure, which involves submitting an application to the enforcement court, and the court reviewing it within 15 days. Third, the burden of proof for incorrect inclusion, with the respondent being required to explain the reasons why it should not be included. Fourth, the time limit for deletion, with the court deleting the information within three days if the conditions are met. Fifth, the review and remedies after correction being rejected. Sixth, the distinction and connection between being listed as a defaulter and being subject to restrictions on high-consumption activities. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings. Relevant contract and creditor disputes may be referred to for reference.Business and contract disputes in enterprisesColumn.
III. Professional analysis by Henglue Lawyers
Based on the practical experience of the lawyers handled by our firm, the key to correcting the dishonesty list lies in "identifying the statutory circumstances and preparing the proof of performance". The first step is to verify the specific reasons for inclusion and the case number of enforcement, and determine which correction path it belongs to, such as those that should not be included, have been performed, or settled through mediation. The second step is to collect evidence of fulfilling obligations, such as bank transfer receipts, receipts of enforcement funds, and settlement certificates issued by the applicant for enforcement or written applications for deletion. The third step is to submit a written correction application and attach evidence to the enforcement court, and urge the court to review it within 15 days and delete it within three days if it meets the conditions. The fourth step is to apply for a review if it is rejected. When handling such credit repair matters, the lawyers handled by our firm pay attention to reducing the review period through a complete performance chain and the consent of the applicant, helping the parties to restore their credit as soon as possible.
IV. Practical suggestions and legal basis
Action suggestions: First, check the specific circumstances and case number under which you have been included in the list of untrustworthy individuals. You can refer to the relevant procedures for more information.Special services and other casesFirst, identify the errors in the original text and correct them accordingly. Second, distinguish the correction paths: submitting rebuttal evidence for items that should not be included, submitting settlement certificates for items that have been fulfilled, and submitting agreements and performance certificates for settlements. Third, submit a written correction application to the executing court and strive to have it reviewed within 15 days and deleted within 3 days. Fourth, strive to obtain a written application from the applicant for enforcement consenting to the deletion and expedite the processing. Fifth, if the correction is rejected, apply for a review in accordance with the law. In terms of legal basis, Articles 9, 10, and 11 of the "Several Provisions of the Supreme People's Court on the Disclosure of Information on Dishonest Persons Subject to Enforcement" stipulate the correction application, deletion circumstances, and review deadlines; the "Civil Procedure Law of the People's Republic of China" and related judicial interpretations stipulate the enforcement relief procedures.
5. Henglue Law Firm's Reminder
Risk Warning: First, the dishonesty information is not permanent. It can be deleted according to law if the debtor fulfills his obligations or corrects his mistakes, but he needs to apply for it actively; Second, if the debtor only verbally claims that he has not fulfilled his obligations, he must provide written evidence such as transfer records, receipts, or certificates of settlement issued by the applicant; Third, there is a 15-day review period for rectification. If the debtor has urgent travel or business needs, he should handle it as soon as possible; Fourth, the restriction on high-consumption activities is usually applied together with the dishonesty status. When rectifying the dishonesty status, the debtor's financial status should also be checked. For cases involving property investigation and control, please refer to the relevant provisions.Real estate transactions and construction projectsRelated instructions for the column. It is recommended to entrust a professional lawyer as soon as possible to assist in preparing materials and promoting rectification.
VI. Frequently Asked Questions
Q1: Can I apply for a correction if I'm on the list of untrustworthy individuals?
Yes. According to Article 10 of the "Several Provisions of the Supreme People's Court on the Disclosure of Information on Discredited Persons Subject to Enforcement", if a person should not be included in the list of discredited persons, has fulfilled all obligations, applied to the enforcement creditor for deletion, or completed the performance of obligations after the termination of the enforcement procedure, the court shall delete the discredited information within three days. If you believe the inclusion was a mistake, you can apply to the enforcement court for correction, and the court will review and make a ruling within 15 days. Correction requires an active application and the submission of corresponding evidence.
Q2: What evidence do I need to prepare to apply for a correction of a credit deficiency?
The following materials should be prepared: the execution case number and the decision or notice of inclusion in the trust-breaking list, specifying the reasons for correction; if the obligations have been fulfilled, submit bank transfer receipts, execution receipts, and a clearance certificate issued by the applicant; if the obligations have been fulfilled through settlement, submit the execution settlement agreement and performance certificates; if it is claimed that the person should not be included in the list, submit evidence refuting that the person's identity or property does not fall within the scope of enforcement; and seek the written application of the applicant for enforcement to agree to delete the information. The more complete the evidence is, the faster the review will be.
Q3: Does it cost money to apply for a correction of a credit blacklist, and what is the fee?
Applying to the court for correction does not incur any fees. If you hire a lawyer to assist you, the lawyer's fee will be negotiated based on the complexity of the case and the workload, with no uniform standard. It usually involves material organization, communication with the enforcement judge, and response to the review. The specific amount should be based on the case type, whether the obligations have been fulfilled, and whether a review is needed. It is recommended to first make a preliminary judgment on the correction path and then determine the plan.
Q4: How long does it usually take to rectify a credit-untrustworthy situation?
After receiving the application for correction, the court will generally review and make a ruling within 15 days. If the application meets the requirements, the People's Court shall delete the dishonesty information within three days. If the materials are complete and the circumstances are clear, the correction period is usually shorter; if the application is rejected or additional evidence is needed, the time will be extended accordingly. If the applicant disagrees with the ruling, he/she may apply for a review in accordance with the law. The key is to actively submit a complete proof of performance or a written application for deletion agreed by the applicant, so as to shorten the review period.
Q5: What should I do if I'm added to the list of untrustworthy individuals?
The first step is to check the specific circumstances of being included in the list of untrustworthy individuals and the execution case number, and determine whether the case should be excluded, whether the obligations have been fulfilled, or whether a settlement has been reached. The second step is to collect proof of performance (transfer receipts, execution payment receipts, and applicant's clearance certificates) or evidence to refute the inclusion of the case. The third step is to submit a written correction application to the execution court and seek the applicant's written consent to delete the information. The fourth step is to follow up on the review results within 15 days, and if the conditions are met, urge the court to delete the information within three days. The fifth step is to apply for a review if the application is rejected. For complex cases, it is advisable to hire a professional lawyer as soon as possible to assist in preparing materials and advancing the correction process.
The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.