The situation classified as untrustworthy is as follows:
1, refusing to perform the obligations specified in the effective legal documents when it has the ability to perform;
2. Obstructing or resisting execution by forging evidence, violence or threats;
3. Evading execution by false litigation, false arbitration or concealing or transferring property;
4. Violating the property reporting system;
5. Violating the consumption restriction order;
6. Refusing to perform the settlement agreement without justifiable reasons.
The measures to deal with the person who has broken his promise are as follows:
1. Bring a repayment lawsuit to the court according to law. In the case that the debt collection from the debtor is fruitless, the debtor can bring a lawsuit to the court in time, demanding that the person who has broken his promise return the loan and safeguard his rights and interests according to law;
2. Apply to the court for enforcement. If the debtor refuses to perform the judgment of the court to repay the loan after winning the case, he may apply to the court for enforcement according to law, apply for enforcement of the debtor's deposit according to relevant laws, or apply for enforcement of his real estate, and ask the other party to double the interest on the debt or delay payment during the delay period. In addition, the debtor's salary and the only house can be implemented according to special regulations. If the debt is a joint debt of husband and wife, you can also apply for compulsory enforcement of the debtor's spouse's property, application for credit exposure, etc.
3. Keep abreast of the information of the person who is untrustworthy and prevent evasion of debts. When we meet a debtor who defaults, we need to master his basic information, always pay attention to his major asset changes, know ourselves and know ourselves, and take necessary measures such as informing the court in time when the other party intends to evade debts;
4. Bring a suit of subrogation to the court to enforce the property of the third party. If the debtor has no property to execute temporarily, and at the same time enjoys the creditor's rights due to the third party, but the exercise is slow, then the principal creditor may bring a subrogation lawsuit to the court and apply for subrogation to execute the property of the third party;
5. If the circumstances are serious, criminal responsibility shall be investigated according to law.
In summary, failure to pay a fine will not be included in the list of dishonesty. The standard for entering the list of dishonesty is not how much money is owed, but the behavior of owing money to others. In other words, no matter how much money is owed, if the debtor repays in full and on time, it will not be included in the list of dishonesty. On the other hand, even if the amount of arrears is small, but the arrears are delayed, the lender will be sued to the court and the court's effective documents will not be fulfilled, which will be included in the list of untrustworthy people. Only credit cards that are overdue for 3 months or more can be included in the list of dishonesty.
Legal basis:
Article 1 of "Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Disbelief"
If the person subjected to execution fails to fulfill the obligations specified in the effective legal documents, and under any of the following circumstances, the people's court shall include him in the list of people subjected to execution for breach of trust and impose credit punishment on him according to law:
(1) Having the ability to perform and refusing to perform the obligations specified in the effective legal documents;
(2) Obstructing or resisting execution by forging evidence, violence or threats;
(3) evading execution by means of false litigation, false arbitration or concealing or transferring property;
(4) Violating the property reporting system;
(5) Violating the consumption restriction order;
(6) refusing to perform the settlement agreement without justifiable reasons.
Article 3 of the Provisions of the Supreme People's Court on Restricting the High Consumption and Related Consumption of the Executed Person.
If the person subjected to execution is a natural person, after taking measures to restrict consumption, he shall not have the following high-consumption and non-essential consumption behaviors for life and work:
(a) when taking the means of transportation, choose the second class or above of the plane, train soft sleeper and ship;
(two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;
(three) the purchase of real estate or new construction, expansion, high-grade decoration of housing;
(four) leasing high-grade office buildings, hotels, apartments and other places to work;
(5) Purchasing non-essential vehicles;
(6) tourism and vacation;
(seven) children attending private schools with high fees;
(8) Paying high premiums to purchase insurance wealth management products;
(9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class and above seats of other EMU trains;
If the person subjected to execution is a unit, the person subjected to execution, its legal representative, principal responsible person, person directly responsible for debt performance and actual controller shall not carry out the acts specified in the preceding paragraph after taking measures to restrict consumption. Anyone who uses personal property for private consumption to commit the acts mentioned in the preceding paragraph may apply to the enforcement court for enforcement. If the examination by the enforcement court is true, it shall be allowed.