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Defaulted Executee
In China, judgment defaulter () or court defaulters, commonly known as laolai () or untrustworthy person (), is defined as a person who is able to fulfill legal obligations determined by the court, but has refused to do so, or illegally tries to evade enforcement such as hiding their assets. According to the relevant regulations, persons who receive default judgment by the People's Courts are subject to restrictions on "high spending" or "high consumption" that are unrelated to basic living or business activities. These can include bans from traveling on high speed trains, or not being able to have your children go to private schools. Jeremy Daum, a senior research fellow at Yale Law School's Paul Tsai China Center, explains that the idea is that since the majority of "court awards" are going to be monetary, the "judgement defaulters" should not be continuing to be spending a lot of money if they have not yet paid back the court award, and instead their money should be spent to "fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Default Judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition. Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A party can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse. Specific jurisdictions England and Wales How judgment arises In England and Wales, a claimant starts a case by issuing a claim form. This either states a monetary figure on it, together ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |