[Direct answer]In the Beijing area, there are clear legal conditions for inclusion in the list of untrustworthy individuals, and not all debtors will be included. According to Article 1 of the "Several Provisions of the Supreme People's Court on the Disclosure of Information on Untrustworthy Persons Subject to Enforcement" (effective from October 1, 2013, amended on January 16, 2017, and effective from May 1, 2017), the following six circumstances must exist before an untrustworthy person can be included: refusing to fulfill obligations as determined by effective legal documents; obstructing or resisting enforcement by forging evidence, violence, threats, or other methods; evading enforcement by false litigation, false arbitration, or concealing or transferring property; violating the property reporting system; violating the restriction order on consumption; and refusing to fulfill the enforcement settlement agreement without justifiable reasons. According to Article 2 of the same provisions, if the person meets the circumstances described in Items 2 to 6 of Article 1, the inclusion period will be two years, and the period may be extended to one to three years if the circumstances are serious or the person has multiple untrustworthy behaviors. If the person actively fulfills or corrects the untrustworthy behavior, the court may decide to delete the information in advance. Those who believe they should not be included may apply to the enforcement court for correction. For more details, please refer to the official document.Creditor-debtor relations and enforcement case services.

I. Problem Background and Typical Scenarios

The list of dishonest individuals, commonly known as the "deadbeat debtors' list", directly affects loans, travel, business operations, and reputation. Typical scenarios include: the debtor claiming to have no money despite owning real estate and vehicles; refusing to fulfill obligations despite being determined to have the ability to do so; hiding or transferring assets to evade debts; refusing to declare or making false declarations after receiving a property report order; violating restrictions on high-consumption activities by still taking flights and staying in star-rated hotels after being restricted; and reneging on a settlement agreement without a legitimate reason. Creditors often ask how to get someone added to the list of dishonest individuals who refuse to repay debts - according to Article 5 of the aforementioned regulations, if the applicant for enforcement believes that the debtor meets one of the circumstances specified in Article 1, they may apply to the court to include them in the list. The court shall review and make a decision within 15 days from the date of receipt of the application. In cases involving arrears in labor remuneration, it can also be combined with other relevant provisions.Labor arbitration and work-related injury compensation servicesProtecting one's rights and interests.

II. Key points of contention

There are three focal points of the controversy. Firstly, whether it falls within the statutory circumstances: only those who meet the six types of circumstances listed in Article 1 should be included. Those who truly have no property available for enforcement do not belong to the category of untrustworthy individuals, and should not be included simply because they cannot repay the money. Secondly, exceptions that should not be included: according to Article 3 of the same regulation, properties that have been provided with sufficient and effective guarantees, or those that have been subject to measures such as seizure, attachment, and freezing, and are sufficient to repay debts, or those with a later order of enforcement, shall not be included according to Article 1, Item 1. If the person subject to enforcement is a minor, they shall not be included (Article 4). Thirdly, procedures and corrections: the decision to include them shall state the reasons and time limits. Those who believe it is wrong may apply for correction according to law, and the court shall revoke it if it is found to be true. For those who obstruct or resist enforcement and are suspected of committing crimes, follow-up measures may be taken.Criminal defense and criminal case filing servicesEvaluate responsibilities.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling enforcement cases, the credit blacklist is a double-edged sword that can effectively apply pressure for performance if used properly, but may delay enforcement if misused. On the creditor's side, after obtaining the final judgment or evidence confirming the other party's ability to perform but refusing to do so, they should promptly submit an application for inclusion to the court, and attach evidence of property clues, violations of the order restricting consumption, or violations of the property reporting system to increase the probability of support. On the debtor's side, if there is indeed no property available for enforcement, they should actively declare their property and cooperate with the enforcement to avoid being punished for violating the property reporting system or the order restricting consumption. For those who are mistakenly included, they should promptly submit evidence such as performance certificates and guarantee documents after receiving the decision to apply for correction. For enterprises involved as debtors, credit penalties will also affect bidding and tendering, financing, and qualifications for employment, which need to be considered in conjunction with other factors.Business and contract dispute resolution services for enterprisesEvaluate the impact.

IV. Practical suggestions and legal basis

The legal basis is Article 1 (inclusion circumstances), Article 2 (inclusion period of two years, which can be extended by one to three years and deleted in advance), Article 3 (exclusion circumstances), Article 4 (minors shall not be included), and Article 5 (application for inclusion and 15-day review period) of the "Several Provisions of the Supreme People's Court on the Disclosure of Information on Discredited Persons Subject to Enforcement" (effective from October 1, 2013, amended on January 16, 2017, and effective from May 1, 2017); Article 252 of the "Civil Procedure Law of the People's Republic of China" (amended on September 1, 2023, and effective from January 1, 2024) on property reporting obligations, and fines and detention for refusing to report or making false reports; and the provisions on restricting high-consumption and related consumption of the "Several Provisions of the Supreme People's Court on Restricting High-Consumption and Related Consumption of Persons Subject to Enforcement" (issued in 2010 and amended in 2015). Practical suggestions: Creditors may apply for inclusion with supporting evidence; the person subject to enforcement shall actively fulfill his obligations, correct his mistakes, and apply for deletion; and timely provide evidence to correct any erroneous inclusion. For enterprise credit repair, assistance can be sought from relevant institutions.Special services and other case services.

5. Henglu Law Firm's Advice

The essence of the dishonesty list is credit punishment, not a punitive label. Once the obligations are fulfilled, the dishonesty information will be removed by the court. For the debtors, the safest approach is to voluntarily declare their assets, cooperate with the enforcement, strive to reach a settlement with the other party and fulfill the obligations on time. After fulfilling the obligations, the court will remove the dishonesty information; for the situations that should not be included, they should have the courage to provide evidence to correct it. For the creditors, before applying for inclusion, they should first fix the evidence that the other party has the ability to perform but refuses to perform or violates the reporting and restriction orders, and improve the support rate; after inclusion, if the other party still fails to perform, they can also apply for fines and detention according to law, and if the circumstances are serious, they will be held criminally responsible for refusing to enforce judgments and rulings. Punishment is a means, and realizing creditor's rights is the goal. Specifically, we can use the following methods to promote it:Creditor-debtor relations and enforcement case services.

VI. Frequently Asked Questions

Q1: Under what circumstances will someone be added to the untrustworthy list? Can you apply to have someone added to the list just because they don't pay back the money they owe?

It's not that anyone who owes debts will be included in the list. They must meet the statutory conditions. According to Article 1 of the "Regulations on the List of Untrustworthy Persons", only if the debtor fails to fulfill the obligations specified in the effective legal documents and meets one of the following six conditions, will the court include them in the list: having the ability to perform but refusing to do so; obstructing or resisting enforcement by forging evidence, violence, threats, or other methods; evading enforcement by false litigation, false arbitration, or concealing or transferring property; violating the property reporting system; violating the restriction on consumption orders; and refusing to perform the enforcement settlement agreement without justifiable reasons. If there is indeed no property available for enforcement, it does not constitute an untrustworthy situation. If the applicant for enforcement believes that the conditions are met, they may apply to the court for inclusion, and the court shall review and make a decision within 15 days from the date of receipt of the application.

Q2: If you believe that you should not be included in the list of untrustworthy individuals, what evidence should you prepare?

Regarding the provision of evidence to prove that the debtor does not fall into any of the circumstances of being untrustworthy: repayment receipts and case closure certificates for obligations that have been fulfilled; guarantee contracts and proof of the guaranteed assets that provide sufficient and effective guarantees; inspection and control lists showing that the assets that have been sealed up, detained, or frozen are sufficient to repay the debts; grounds showing that the enforcement order should not be implemented according to law due to the debtor's performance in a later order; and materials proving that the debtor has fulfilled or rectified the acts of being untrustworthy. For those who are included in accordance with the first item of Article 1, they may provide evidence in accordance with the provisions of Article 3 to refute the determination that they have the ability to perform their obligations. The submission object is the enforcement court that made the inclusion decision. When applying for correction, the applicant shall attach a list of evidence and explain the reasons. If the court finds the evidence to be true, it will revoke the inclusion decision and delete the untrustworthy information.

Q3: What are the consequences of being included in the untrustworthy list, and do I have to pay a fine?

Being added to the list of dishonest individuals does not directly impose fines, but it is accompanied by a series of credit penalties: the list information is made public and pushed to the credit information sharing platform; restrictions on high-consumption and related consumption (such as taking airplanes, soft sleeper trains, staying in star-rated hotels, purchasing real estate, and sending children to high-fee private schools, etc.); restrictions on participating in government procurement, bidding, and financing credit; and it also affects qualifications for employment and honorary selection. If they simultaneously violate the property reporting system or consumption restriction orders, the court may also impose fines and detention according to law; if the circumstances are serious, they may be suspected of refusing to execute judgments and rulings, and criminal responsibility will be investigated according to law.

Q4: How long will the list of individuals with bad credit be publicly announced, and how long will it take to be removed from the list?

According to Article 2 of the "Regulations on the List of Untrustworthy Persons", if the person subject to enforcement falls into the circumstances specified in Items 2 to 6 of Article 1, the inclusion period shall be two years; if the person seriously obstructs or resists enforcement by violence or threats, or has multiple acts of dishonesty, the period may be extended to one to three years. If the untrustworthy person actively fulfills the obligations specified in the effective legal documents or actively corrects the acts of dishonesty, the people's court may decide to delete the untrustworthy information in advance. For the first situation, in judicial practice, fulfilling obligations and correcting behaviors are taken as prerequisites for deletion. After the untrustworthy information is deleted, the relevant restrictive measures shall be terminated in accordance with the law, but the impact of the bad credit record may still continue, so it is necessary to take measures to repair it as soon as possible.

Q5: What should I do specifically after being included in the credit-untrustworthy list?

Three steps to respond: First, fully fulfill the obligations set forth in the effective legal documents, or reach an enforcement settlement with the other party and perform according to the agreement. After completing the performance, apply to the court to delete the dishonesty information; Second, if you believe that the inclusion is erroneous, collect performance certificates, guarantee documents, property investigation materials, etc., and apply to the enforcement court for correction. If the court reviews the facts and finds them true, it will revoke the decision and delete the information; Third, if it is temporarily impossible to perform due to objective reasons, actively declare the property and report the changes in the property to avoid being punished more severely for violating the property reporting system and the restriction of consumption orders. If the enterprise is involved, it should also simultaneously assess the impact on loans and bidding and repair the credit as soon as possible.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Hengluo 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 relevant evidence, to avoid missing the statutory time limits.\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.