[Direct answer]That's possible. The debtor's waiver of a due claim constitutes a gratuitous disposition of property rights. If this affects the creditor's ability to enforce their claim, the creditor may request the people's court to revoke it. According to Article 538 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if the debtor gratuitously disposes of property rights by waiving their claim, waiving a claim guarantee, or transferring property without compensation, or maliciously extends the performance period of a due claim, thereby affecting the creditor's ability to enforce their claim, the creditor may request revocation. Unlike low-price transfers, gratuitous dispositions typically do not require the counterparty to know or should have known about them. The scope of revocation is limited to the creditor's claim. The right of revocation must be exercised within one year from the date the creditor knows or should have known about the grounds for revocation, and if it is not exercised within five years from the date of the debtor's act, the right will be extinguished (Article 541). The action should be to fix the fact of the debtor's waiver of the claim as soon as possible and file a lawsuit.

1. Problem background and typical scenarios

One of the common methods used by debtors to evade enforcement is to waive their due claims. For example, even though they have a valid claim against a third party for overdue payments, loans, or project payments, they may sign a waiver agreement with the other party during the debt collection process, issue a settlement confirmation, or fail to assert their rights for a long time, allowing the creditor's claim to "disappear naturally". From the creditor's perspective, it feels like the money has been "withdrawn", but whether it can be recovered legally depends on whether the act of waiver falls within the scope of the right of revocation. Such actions are often covert, and clues can be found in the abnormal changes in the debtor's external receivables.

II. Key points of contention

First, whether the creditor waives a matured claim or an unripe claim. The two types of claims differ in their constitutive elements and evidentiary requirements. Second, whether the act actually affects the creditor's ability to enforce the claim, that is, whether the debtor's post-disposition liabilities are insufficient to satisfy the debt. Third, whether the scope of the revocation request is limited to the amount of the claim, and whether the excess portion can be supported. Fourth, how the statute of limitations for the right of revocation begins and ends. Fifth, if the third party has further disposed of the transferred claim, can the creditor pursue recovery or claim compensation separately?

III. Professional analysis by Henglue Lawyers

The creditor's right of revocation applies to gratuitous disposition acts, and its subjective elements are more lenient than those of low-price transfers: the law does not require the creditor to prove that the counterparty knew or should have known. As long as the debtor engages in gratuitous disposition acts such as waiving claims and transferring property without compensation, and these acts affect the creditor's rights enforcement, the creditor can claim revocation. When handling such cases, Henglue Lawyers usually first verify the debtor's target, time, and method of waiving claims through channels such as industrial and commercial registration, contracts and correspondence, and bank transaction records, and then compare the debtor's solvency before and after the disposition to form a clear causal chain. It is important to note the time limit: the right of revocation should be exercised within one year from the date when the creditor knows or should have known the grounds for revocation, and if it is not exercised within five years from the date of the debtor's act, it will be extinguished. After discovering clues, it is not advisable to wait and see. Secondly, the scope of revocation is limited to the creditor's claims, and the court generally does not support claims exceeding this scope. When suing, it is advisable to accurately claim according to the actual amount of the claim. Thirdly, if the transferee has transferred the claim again, it is necessary to determine whether the transferee acted in good faith and paid a reasonable consideration to determine whether the claim can be pursued. If necessary, corresponding compensation liabilities can also be claimed. In addition, if the debtor and the third party disguise the gratuitous waiver of claims under the guise of "reconciliation" or "offset", it is necessary to examine the real consideration and fund flow to avoid being misled by formal appearances. For cases where the debtor transfers the claim to a related party as a means of transferring benefits, it is also possible to claim malicious collusion based on the related party relationship and transaction background. In Beijing's judicial practice, the key to such cases often lies not in the application of law, but in the excavation of receivables clues and the complete presentation of evidence.

IV. Practical suggestions and legal basis

Action List: 1. Retrieve contracts, settlement documents, and correspondence between the debtor and third parties to verify the subject and timing of the debtor’s waiver of claims; 2. Calculate whether the debtor’s liable assets after disposal are sufficient to settle debts, and demonstrate the impact on the enforcement of creditor’s rights; 3. Determine the scope of the request for avoidance within the limits of the creditor’s claim amount; 4. File a lawsuit within one year from the date the creditor knows or should have known about the grounds for avoidance, while observing the maximum five-year statute of limitations; 5. For claims that have been disposed of again, verify whether the transferee acted in good faith and paid a reasonable consideration before deciding whether to pursue recovery. Main legal basis: Articles 538, 540, and 541 of the Civil Code of the People’s Republic of China (effective from January 1, 2021); Specific applications shall be governed by currently valid laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

The three key points for revoking the waiver of creditor's rights are as follows: 1. For gratuitous disposition, it doesn't matter whether the counterparty is aware of it. 2. The key issue is whether it affects the realization of the creditor's rights. 3. The scope of the request is limited to the creditor's rights, and the preclusive period cannot be extended. For matters involving creditor's rights, debts, and enforcement, you can seek assistance through legal channels.Creditor's rights and debts, and enforcementThe service obtains an overall solution, which involves the integration of the company's accounts receivable and related transactionsBusiness and contract disputes in enterprisesFor reference, please refer to the section on real estate debt settlement and property rights verificationProperty sales and construction projectsThe column covers consultations on corporate and compliance risk managementIntellectual property and corporate lawFor teams involved in the transfer of property within a family, please feel free to consult us for more informationDivorce and family disputesFor any questions or difficulties, please contact us via the column's contact information.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If the debtor waives a due claim, can I definitely revoke it?

Not necessarily. The key is whether it affects the realization of creditor's rights. If the debtor still has sufficient assets to pay off the debt after the waiver, the significance of revocation is limited; only when the waiver makes the liable assets insufficient to pay off the debt does revocation have practical value.

Q2: What evidence is needed to prove that the debtor has waived the right to claim the debt?

The key points include the exemption agreement signed by both parties, the confirmation of settlement, the correspondence and fund flow records, as well as the changes in the debtor's external accounts receivable before and after the disposal of the debt; if necessary, the parties may apply to the court for investigation and evidence collection.

Q3: How much does it cost to exercise the right of revocation?

The lawsuit for revocation of rights shall be subject to litigation fees in accordance with the standards for property cases, and the specific fees shall be determined based on the subject matter of the dispute and approved by the court. Those who are financially struggling and meet the requirements may apply for judicial assistance or legal aid.

Q4: How long does it take to file a lawsuit for the right of revocation?

The first-instance trial applying the ordinary procedure is usually concluded within a few months, depending on the circumstances of the case and the evidence presented; the key constraint is that the lawsuit must be filed within one year from the date of becoming aware of the grounds for revocation, and no delay or indecision is allowed.

Q5: What should I do if the creditor's rights I have given up have been reassigned by a third party?

It is necessary to determine whether the transferee acted in good faith and paid a reasonable consideration to determine whether the transfer can be revoked. Transfers made in good faith and for a reasonable consideration are generally difficult to revoke, and the transferee may instead claim compensation from the debtor or relevant parties.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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