Is the settlement agreement still valid when lawyers implement the law enforcement

Is the settlement agreement still valid when lawyers implement the law enforcement

In August 2014, Mr. Wang borrowed RMB 50000 from Mr. Jiang due to difficulties in capital turnover, with a loan term of three months. Wang refused to repay the loan when it was due. Jiang sued to the court, and the court decided that Wang would repay Jiang's loan of 50000 yuan within ten days. After the judgment took effect, Wang refused to perform, and Jiang applied for enforcement. During the implementation process, Mr. Wang and Mr. Jiang reached an implementation settlement agreement, and Mr. Wang paid off the loan of 50000 yuan at the end of February 2015. After maturity, Wang failed to repay.

Question: Is the implementation settlement agreement between Wang and Jiang still valid?

[Answer by lawyer]

Whether the execution of the settlement agreement is effective depends on Mr. Jiang's application for resumption of execution. If Jiang applied to the court for resumption of enforcement or filed a separate lawsuit, the original settlement agreement would be invalid, otherwise it would still be valid.

Execution reconciliation refers to the act of terminating the execution procedure after the applicant and the person subjected to execution reach an agreement through voluntary consultation and are reviewed and approved by the people's court during the execution process.

Article 230 of the Civil Procedure Law stipulates: "In the course of execution, if both parties reach an agreement through reconciliation on their own, the executor shall enter the contents of the agreement into a written record, which shall be signed or sealed by both parties. If the applicant for execution reaches a settlement agreement with the person subjected to execution due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may resume the execution of the original effective legal document according to the application of the parties."

It can be seen that after the settlement agreement is concluded, there are two outcomes: one is that one party has fully performed the settlement agreement to the other party, and the agreement is certainly effective; Second, if one party fails to perform the settlement agreement, the other party shall apply to the court in writing to resume the execution of the original effective judgment.

In this case, since the implementation of the settlement agreement has not been fully performed, if Jiang applied to the court in writing to resume the implementation, the settlement agreement will naturally become invalid, otherwise the settlement agreement will still be valid.