[Direct answer]In the Beijing area, after the debtor's act of disposing of property is revoked following a successful revocation action, such act is deemed legally non-binding from the outset. The property reverts to the debtor's liable assets, and the creditor may apply for forced enforcement based on this. There are three specific approaches: First, after the revocation judgment takes effect, the creditor may apply for enforcement of the returned property or the liquidated damages; Second, if the original enforcement case has been terminated, the creditor may apply for resumption of enforcement upon discovering new clues to the debtor's assets; Third, if the debtor still has no enforceable assets, the creditor may further verify whether the shareholders' contributions are in place and whether there are situations of evading enforcement such as registering property under another person's name. Where the conditions are met, the relevant parties may be added as liable parties. This is in accordance with Article 542 of the Civil Code of the People's Republic of China (effective from January 1, 2021) and the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023) regarding enforcement procedures. The key action is to apply for enforcement promptly after a successful revocation action and to continuously provide clues to the debtor's assets.

1. Problem background and typical scenarios

Creditors often have a misconception that if they win a lawsuit for revocation of rights, the money will automatically be deposited into their account. In reality, revocation of rights only allows the transferred assets to "return to the debtor's name". Whether they can actually recover the money still depends on enforcement. If the assets are transferred again before enforcement, or if there are no assets registered under the debtor's name, it is necessary to combine measures such as adding the debtor to the list of those subject to enforcement and resuming enforcement to ensure the enforcement process proceeds smoothly.

II. Key points of dispute

First, the way of linking the revocation of the judgment with the enforcement procedure. Second, the form of returning the property: whether it is the return of physical objects or compensation in the form of a discounted price. Third, how to resume enforcement after the completion of the Enforcement Terminal Plan. Fourth, whether it is possible to pursue the shareholders who have not paid the actual capital when the company has no assets. Fifth, whether the property registered under a false name can be enforced.

III. Professional analysis by Henglue Lawyers

The several types of enforcement cases handled by Henglue Lawyers precisely cover the common "difficulties in enforcement" scenarios after winning a lawsuit. Firstly, the recovery of compensation when the company has no property to enforce. Ma * and a company's intermediary contract dispute was confirmed by a valid judgment that the company should return the service fee of 423,500 yuan. After enforcement, the company had no property to enforce and was ruled to terminate the current enforcement. Henglue Lawyers retrieved the industrial and commercial archives and found that the company's shareholders respectively subscribed 9 million yuan and 1 million yuan, with the subscription period ending in 2039. There were no actual payment records in the industrial and commercial archives. The lawyer claimed according to relevant rules: as the company, the debtor, has no property to enforce after exhausting all enforcement means and has bankruptcy grounds but does not apply for bankruptcy, shareholders who have not reached the subscription deadline should not enjoy the benefit of the deadline and should bear supplementary compensation liability within the unsubscribed amount. The court adopted this opinion and ruled that the shareholders should bear supplementary compensation liability within the unsubscribed amount of 9 million yuan and 1 million yuan respectively. Secondly, the enforcement of property registered under a false name. A creditor confirmed through mediation that the debtor should repay 2 million yuan, but the debtor failed to perform. The court sealed the property under the debtor's name; the third party raised an enforcement objection on the grounds of buying the property under a false name, and the first-instance ruling suspended the enforcement. Henglue Lawyers represented the creditor on appeal and argued from the perspectives of the credibility of property registration, legal application, and procedural defects: real estate is subject to registration, and buying a property under a false name only creates an internal creditor's right without changing the property rights. It generally cannot exclude forced enforcement, and evading purchase restrictions by buying under a false name violates public order and good customs. The second-instance ruling revoked the first-instance ruling and allowed the enforcement of the property. Thirdly, the remedy for breach of contract in installment repayment. A loan dispute was confirmed through mediation that the borrower should repay the principal of 83,000 yuan in installments, and it was clearly stipulated that any party in breach of contract has the right to apply for forced enforcement of all unpaid amounts, providing a guarantee for accelerated repayment. The common lesson of these cases is that after winning a lawsuit or having the case dismissed, whether you can get the money depends on whether you can accurately identify the debtor's property and liability subject and follow the enforcement path step by step. This case is provided by Beijing Henglue Law Firm. 恒略律师代理的几类执行案件,恰好覆盖了胜诉后常见的“执行难”场景。第一类,无财产可供执行时的追偿。马某与某公司居间合同纠纷经生效判决确认公司应退还服务费423500元,强制执行后公司无财产可供执行,被裁定终结本次执行。恒略律师调取工商档案发现,公司股东分别认缴900万元、100万元,认缴期限均至2039年,工商档案无实缴记录。律师依据相关规则主张:公司作为被执行人经穷尽执行无财产、具备破产原因但不申请破产,未届出资期限的股东不再享有期限利益,应在未出资范围内承担补充赔偿责任。法院采纳该意见,判决股东分别在未出资900万元、100万元范围内承担补充赔偿责任。第二类,借名登记财产的执行。某债权人经调解确认债务人应偿还200万元,债务人未履行,法院查封其名下房产;案外人以借名买房为由提出执行异议,一审裁定中止执行。恒略律师代理债权人上诉,从物权登记公信力、法律适用及程序瑕疵等角度论证:不动产以登记为准,借名仅生内部债权,不发生物权变动,一般不能排除强制执行,且借名规避限购违背公序良俗。二审撤销一审裁定,准许执行该房产。第三类,分期还款违约救济。某借款纠纷经调解约定分期偿还本金83万元,并明确任一期违约债权人有权就剩余全部未付款项一并申请强制执行,为回款提供了加速到期的保障。这几个案例共同启示:胜诉或撤诉后,能否拿回钱,还要看能否精准锁定被执行财产与责任主体,逐条走通执行路径。本案由北京恒略律师事务所代理。Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action List: 1. After the judgment takes effect, promptly submit the judgment and clues for the return of property to the enforcement court to apply for enforcement; 2. For cases where the principal debtor has completed the repayment of the principal, if new clues for property are discovered, apply for resuming enforcement; 3. Verify whether the debtor is an unpaid shareholder, whether there are cases of registered shares in another's name, or related-party transactions; 4. In the event of mediation or settlement, include a clause stipulating that breach of contract will accelerate the maturity of the debt, and reserve the right to apply for enforcement simultaneously. Main legal basis: Article 542 of the Civil Code of the People's Republic of China (effective from January 1, 2021); the provisions on enforcement and resuming enforcement in the Civil Procedure Law of the People's Republic of China (amended in 2023), as well as the relevant provisions on adding shareholders who have not fulfilled their capital contribution obligations as the parties subject to enforcement; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

After revocation, there are three steps to be taken: Revocation only allows the property to be returned, and obtaining the money still depends on enforcement; Terminating the case does not mean the end of it. If there are new clues, the case can be resumed; If the company has no money, the shareholders will be investigated, and the difficulty of registering under a borrowed name cannot stop the enforcement. For matters involving creditor's rights and debts and enforcement, you can consult a lawyer for help.Creditor's rights and debts, and enforcementThe service provides a comprehensive solution, which involves the integration of the company's shareholder responsibilities and related-party transactionsBusiness and contract disputes in enterprisesFor blocks involving property seizure and property rights verification, you can refer to the following information for reference.Property transactions and construction projectsFor those interested in cross-border asset recovery, you can check out this column for more informationFinancial and cross-border businessFor inquiries regarding the enforcement of labor compensation payments, please refer to the relevant columnLabor disputes and work-related injuriesFor any questions or difficulties, please contact the team.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If the right of revocation is successful, can I definitely get my money back?

Not necessarily. Revocation only allows the confiscated property to return to the debtor's liable property. Whether the money can be recovered depends on the execution process. If there is still no trace of the property, it is necessary to combine measures such as adding the debtor to the list of those subject to enforcement and resuming the enforcement process.

Q2: What evidence and materials do I need to prepare?

Effective judgments, clues to the property subject to punishment, industrial and commercial archives and registration information, and fund flow records are used to identify the executable property and the responsible parties.

Q3: How are attorney fees generally calculated?

It is usually determined through negotiation based on the amount of the subject matter, the difficulty of execution, and the workload. The fee structure and the schedule of work can be specified in advance.

Q4: How long will the entire execution process take?

It may take several months or even longer, depending on the progress of property investigation and disposal. If there are additional parties to be executed against or if there are lawsuits challenging the enforcement, the timeframe will be extended accordingly.

Q5: What should I do now?

After the judgment is revoked, apply for enforcement as soon as possible and provide clues to the property; for those who have completed the final repayment, apply for the resumption of the investigation of new clues, and, if necessary, investigate the shareholders' investment and related party transactions.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the judicial interpretation in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.