What if the person subjected to execution fails to implement the settlement agreement?
Resume the execution of the original judgment. According to the provisions of the Civil Procedure Law, if the parties fail to perform the settlement agreement, the people's court may, upon the application of the parties, resume the implementation of the original effective legal document. The current law does not recognize that the settlement agreement has the legal effect of enforcement, so it cannot directly apply for enforcement of the settlement agreement. In addition, the effective judgment that the people's court has made on the dispute between the two parties has the res judicata that cannot be changed. Therefore, before the legal procedure is changed, its conclusion of dealing with substantive issues is not allowed to be changed. If a lawsuit is filed again with a settlement agreement, the court will not accept it. If the settlement agreement is not performed as agreed, the court may apply to resume the execution of the original effective legal document. The settlement agreement will be automatically terminated due to the resumption of the implementation of the original effective legal documents.
