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How many years will the final case be cancelled

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How many years will the final case be cancelled


        

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  • 2024-06-16 13:00:48

    How many years will the final case be cancelled? As long as the implementation obligation is not fulfilled, it will not be cancelled. The final settlement of the case will not cancel the repayment obligation of the person subjected to execution because of the past few years. The final case refers to the case where the court decides to terminate the execution procedure due to the fact that the person subjected to execution has no property available for execution, and then finds that there is property available for execution, and the execution can be resumed. The person subjected to execution still has to pay his debts.
    Article 9 of the Provisions on Strictly Regulating the Termination of this Implementation Procedure (Trial) stipulates that:

    After the termination of this execution procedure, if the person applying for execution finds that the person subjected to execution has property available for execution, he may apply to the execution court for resumption of execution. The application for resumption of execution is not subject to the limitation period for application for execution. If the enforcement court verifies that it is true, it shall resume enforcement. Within five years after the termination of this execution procedure, the execution court shall query the property of the person subjected to execution through the online execution inspection and control system every six months, and inform the applicant of the query results. If the conditions for resumption of enforcement are met, the enforcement court shall resume enforcement in a timely manner.

    Legal basis

    Article 9 of the Provisions of the Supreme People's Court on Strictly Regulating the Termination of this Enforcement Procedure (for Trial Implementation), after the termination of this enforcement procedure, if the person applying for enforcement finds that the person subjected to enforcement has property available for enforcement, he may apply to the enforcement court for resumption of enforcement. The application for resumption of execution is not subject to the limitation period for application for execution. If the enforcement court verifies that it is true, it shall resume enforcement. Within five years after the termination of this execution procedure, the execution court shall query the property of the person subjected to execution through the online execution inspection and control system every six months, and inform the applicant of the query results. If the conditions for resumption of enforcement are met, the enforcement court shall resume enforcement in a timely manner.

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