[Direct answer]In the Beijing area, according to the provisions of the "Measures for the Payment of Litigation Costs" (promulgated on December 19, 2006 and implemented on April 1, 2007) regarding the burden of enforcement application fees, the fees for applying for enforcement shall be borne by the respondent, and the applicant for enforcement generally does not need to make advance payments. The enforcement application fees are calculated according to the amount or value of the enforcement subject, with the fee rate usually being lower for larger amounts, and the specific standards are implemented in accordance with the provisions of the Measures. If the parties reach a settlement during the enforcement process and with the consent of the applicant for enforcement, the burden of fees may be determined through consultation between the parties. It should be noted that actual expenses such as appraisal fees, auction fees, and announcement fees may also arise during the enforcement process. These fees are usually paid from the respondent's property in priority, or the applicant for enforcement may advance them first and then be compensated from the enforcement funds. In addition, whether the attorney's fees incurred when asserting a claim can be borne by the other party depends on the contractual provisions or legal regulations. Generally, these fees cannot be automatically transferred to the respondent to bear.

I. Problem Background and Typical Scenarios

After entering the enforcement process, parties often feel confused about the issue of fees. Typical situations include: hesitating to apply for enforcement because they are worried about having to advance a large sum of money; not understanding which payments should be deducted after enforcement is implemented; disputes over who should bear the costs of appraisal, auction, etc.; failing to agree on the burden of fees when reaching a settlement with the defendant; and worrying about the recovery of fees when the defendant has no assets. Although the fees charged for enforcement cases in Beijing are relatively standardized, the actual expenses vary from case to case due to differences in the amount involved and the procedures. Understanding the fee rules can help applicants for enforcement reasonably plan their expectations and advance the process.

II. Key points of contention

Firstly, who should bear the enforcement application fee and whether it needs to be paid in advance. Secondly, how to determine the standard for tiered calculation and the amount of the enforcement subject. Thirdly, how to handle the actual costs such as appraisal, auction, and public notice. Fourthly, how to stipulate the cost burden in the case of enforcement settlement. Fifthly, how to handle the costs when the debtor has no property. Sixthly, whether lawyers' fees can be claimed together. These issues directly affect the actual benefits of the applicants for enforcement.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm advises applicants for enforcement to pay attention to three key points. First, regarding the party responsible for the enforcement application fee: In principle, the fee is borne by the defendant, and applicants usually do not need to make advance payments, which lowers the threshold for initiating enforcement. Therefore, applicants should not delay their applications due to concerns about costs. Second, regarding the calculation method: The enforcement application fee is calculated based on the amount or value of the subject matter, with a lower rate corresponding to a larger amount. The specific amount is determined by the court in accordance with regulations and deducted from the enforcement proceeds after the enforcement is completed. Third, regarding actual expenses: Fees such as appraisal, auction, public announcement, and storage are necessary expenses during the enforcement process and are usually paid from the proceeds of the disposed defendant's assets. If the applicant pays these fees in advance, they can be compensated from the enforcement proceeds. Fourth, regarding enforcement settlements: Agreements on fee responsibility can be made during settlements, but it is important not to harm national interests or third-party interests and to document the agreements under the court's supervision. Fifth, regarding attorney's fees: Unless the contract explicitly stipulates that the breaching party shall bear the litigation costs or there are special legal provisions, attorney's fees are generally borne by the client, but can be considered as a factor in negotiations. In practice, in a case handled by Henglue Law Firm, the effective judgment ordered the debtor to return the intermediary service fee of 423,500 yuan. However, the enforcement was terminated due to the debtor having no assets to enforce against. After investigation, the attorney pursued rights through the route of shareholder contribution liability, avoiding the complete failure of the creditor's claim due to the debtor's lack of assets. This case highlights the need to comprehensively evaluate enforcement costs and recovery paths and, when necessary, expand the liability subject to increase the likelihood of recovery. This case is provided by Beijing Henglue Law Firm.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 recommendations: First, apply for enforcement in a timely manner and don't delay due to the burden of application fees; Second, cooperate with the court in investigating and controlling assets and providing clues; Third, understand the handling method of appraisal and auction fees and reasonably estimate the amount of recovery; Fourth, clarify the burden of fees and breach of contract liability during the settlement. For related services, please refer to the following link:Creditor's rights and debts, and enforcementAndBusiness and contract disputes in enterprisesColumn. Legal basis: The "Measures for the Payment of Litigation Costs" (promulgated on December 19, 2006 and implemented on April 1, 2007) regarding the provisions on the burden and calculation of enforcement application fees, and the "Civil Procedure Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024) regarding the provisions on enforcement procedures. The specific fee standards shall be subject to the currently effective regulations and the court's approval.

5. Henglu Law Firm's Reminder

Firstly, the enforcement application fee is generally borne by the person subject to enforcement, and the applicant for enforcement usually does not need to make an advance payment. Secondly, the actual costs such as appraisal and auction are paid from the property of the person subject to enforcement in priority or reimbursed by the applicant after advance payment. Thirdly, whether the other party can bear the attorney's fees depends on the contractual provisions or legal regulations. Fourthly, when the person subject to enforcement has no property, the feasibility of expanding the liability subject should be evaluated. If you want to know the fees and progress plan of the enforcement case, you can contact us through the following channels:Creditor's rights and debts, and enforcementAndBusiness and contract disputes in enterprisesFor column consultation, please contact us.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Do I need to pay to apply for enforcement?

The application execution fee is generally borne by the person subject to enforcement, and the applicant for enforcement usually does not need to pay it in advance. This fee is calculated based on the amount or value of the enforcement, and is determined by the court and deducted from the enforcement funds after the enforcement is completed. Therefore, there is no need to delay the application due to concerns about the fee. Starting the procedure in a timely manner is more conducive to locating and controlling the property.

Q2: How is the execution fee calculated?

Calculated according to the amount or value of the execution, the higher the amount, the lower the corresponding fee rate. The specific standards shall be implemented in accordance with the provisions of the Measures for the Payment of Litigation Costs. The court will determine the amount of fees based on the actual amount of the execution and handle it together with the execution funds. If you have any questions about the determined amount, you can apply to the execution court for an explanation.

Q3: Who will pay the auction fee?

These fees are usually paid in priority from the proceeds of the disposition of the property being executed; if the applicant for enforcement pays in advance, they can be compensated together with the enforcement funds. Such fees are necessary expenses for enforcement, and they are not intended for the applicant for enforcement to ultimately bear them. However, if the disposition of the property is insufficient to cover the fees, the actual amount recovered will be reduced accordingly.

Q4: What should I do if the other party doesn't have the money to cover the expenses?

If the person subject to enforcement truly has no assets, the enforcement process may end this round of enforcement, and it will be difficult to deduct the costs from the enforcement funds. At this point, it can be verified whether the person subject to enforcement has transferred assets, made false shareholder contributions, etc. If necessary, separate lawsuits can be filed to hold them accountable. Whether to continue investing costs should be evaluated based on the availability of asset clues and the prospects for recovery.

Q5: Can I make the other party bear the attorney's fees?

Generally, the other party cannot automatically bear the responsibility, unless the contract explicitly stipulates that the defaulting party shall bear the rights protection costs of the contract-abiding party, or there are special provisions in the law. In contract disputes, it is recommended to stipulate in advance the way of bearing the rights protection costs such as attorney's fees and preservation fees in the contract, so as to provide a basis for future claims and enhance the integrity of recovery.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify 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, to avoid missing the statutory time limit. →\nLegal 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.