[Direct answer]In the Beijing area, oral applications are allowed, but in practice, it is generally recommended to submit written applications. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) on enforcement procedures, an application for enforcement shall submit materials such as an application for enforcement; if the application is made orally, the people's court shall record it in the minutes. Written applications are conducive to clearly expressing the subject of enforcement, the amount and property clues, and also facilitate the court's review and subsequent supplementary materials. Generally, an application for enforcement requires the following: an application for enforcement, stating the information of the applicant for enforcement and the respondent, the basis for enforcement and the request for enforcement; effective legal documents and proof of effectiveness; the applicant's identity materials; the respondent's property clues; and if the applicant appoints a lawyer, the power of attorney and practice materials shall also be submitted. In practice, matters such as resuming enforcement after "terminating this enforcement procedure", changing or adding the respondent, etc. also require separate submissions of applications and evidence.

I. Problem background and typical scenarios

After entering the execution phase, parties often face delays due to unfamiliarity with the process. Typical scenarios include: not knowing what materials are required for the application for enforcement, repeatedly visiting the court; discrepancies between the subject of rights and obligations in the judgment and the applicant, requiring clarification of the succession relationship; uncertainty about whether an oral application is possible, fearing that the case cannot be registered; unclear property clues leading to poor search and control effects; and enforcement based on mediation agreements or arbitration awards, with different material requirements from those for judgments. The execution registration channels in Beijing courts are relatively standardized, supporting on-site and online submissions. Regardless of the method used, complete materials and clear requests can significantly improve the efficiency of case registration and search and control, while otherwise, it is easy to face delays due to corrections.

II. Key points of contention

First, the differences in effectiveness and practical application between oral applications and written applications. Second, what information should be included in the application for enforcement. Third, what requirements are imposed on materials based on the type of enforcement basis. Fourth, how to provide effective property clues. Fifth, how long it takes to initiate investigation and control after the case is registered for enforcement. Sixth, the methods of entrustment when the applicant is unable to attend in person. These issues determine whether the enforcement can be successfully initiated.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm advises that applications should primarily be submitted in writing and supplemented by oral applications, with a focus on preparing three types of materials. First, the subject and basis. The application for enforcement should accurately state the parties' information, the basis for enforcement, and the requested matters. If there is a succession or transfer of rights, corresponding proof must be provided. Second, property clues. Provide as much information as possible about the debtor's bank accounts, real estate, vehicles, equity, and external creditor claims, to facilitate the court's measures through online monitoring systems and offline investigations. The more specific the clues are, the more efficient the monitoring will be. Third, procedural connection. If a preservation order has been applied for previously, the applicant should clarify the preservation situation when applying for enforcement and request that the preserved assets be transferred to the enforcement department for disposal. If the case has been terminated once before, the applicant must submit an application for resuming enforcement after discovering the assets. Fourth, special subjects and circumstances. When the debtor is a company, the applicant can verify the shareholders' investment situation. If the property registered under the debtor's name may involve the rights of third parties, attention should be paid to handling conflicts of rights, such as the situation where purchasers of commercial housing legally claim to exclude enforcement. When handling enforcement-related cases, Henglue Law Firm usually prepares property clues and subject investigation materials simultaneously at the application stage, leaving room for expanding the scope of liable parties or avoiding improper enforcement in the future. Overall, applying for enforcement is highly technical. A standardized written application and sufficient preparation of materials are important guarantees for efficient realization of creditor's rights. This case is handled by Beijing Henglue Law Firm.Chen Mei'aoThe attorney (practice certificate number: 11101201911105336, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, prepare complete application materials for enforcement and verify the main information; Second, provide specific clues to the property as much as possible; Third, explain the previous preservation situation and apply for transfer to disposal; Fourth, if it's inconvenient to attend in person, you can entrust a lawyer or close relatives to handle it. For related services, please refer to the following link:Creditor's rights and debts, and enforcementAndBusiness and contract disputes in enterprisesColumn. Legal basis: The provisions on applying for enforcement and submitting materials in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and the relevant provisions of the Supreme People's Court's "Regulations on Several Issues Concerning the Handling of Enforcement Objections and Review Cases by People's Courts". The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, while oral applications are allowed, written applications are more conducive to expressing requests and advancing the process. Secondly, property clues are key to enforcement, and the more specific they are, the more effective they will be. Thirdly, terminating this enforcement does not mean the end of the process. If new property is discovered, enforcement can be resumed. Fourthly, for property involving the rights of third parties, attention should be paid to rights conflicts and rules for excluding enforcement. If you need to learn about the procedures for initiating enforcement and advancing the plan, you can refer to the following resources:Creditor's rights and debts, and enforcementAndBusiness and contract disputes in enterprisesFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: Can I apply for enforcement orally?

Yes, the people's court shall record it in the minutes. However, in practice, it is recommended to submit a written application for enforcement, stating the information of the applicant and the respondent, the basis for enforcement, and the request items, and attaching relevant materials. The written application is convenient for the court to review, supplement and file, and can also reduce the risk of correction or return due to unclear expression.

Q2: What materials are required to apply for enforcement?

Generally, it includes the application for enforcement, the effective legal documents and proof of effectiveness, the applicant's identity certificate, the debtor's property clues, etc. If the applicant appoints a lawyer, they also need a power of attorney and practicing materials. If the enforcement basis is an arbitration award or a notarized creditor's instrument, there are additional requirements. It is recommended to confirm the list with the enforcement court in advance to avoid unnecessary trips.

Q3: What should I do if I don't know about the other party's assets?

First, you can provide known clues such as the employer, the business premises, the bank accounts frequently used, and the information about vehicles and real estate. The court can use the online investigation and control system to inquire about the debtor's deposits, vehicles, real estate, securities, and other assets. You can also apply for an investigation order or seek assistance from a lawyer to conduct the investigation. The more specific the clues are, the higher the efficiency of the investigation, control, and disposal will be.

Q4: Can I entrust someone else to apply for enforcement?

Yes. You can authorize a lawyer or a close relative to submit the application and materials on your behalf, but you need to provide a power of attorney and specify the scope of authority. For matters involving the disposition of substantive rights, such as settlements and the waiver of certain claims, special authorization is required. It is recommended to have a lawyer handle these matters so that preservation measures and the addition of new defendants can be processed simultaneously.

Q5: How long does it take to file a case?

If the materials are complete and meet the requirements for filing a case, the court will generally decide whether to file the case within the statutory period and subsequently initiate online investigation and offline inquiry. If the materials need to be supplemented, the time will be extended accordingly. It is recommended to prepare all the materials at one time and provide clues to the property to shorten the waiting time for filing the case and conducting the investigation.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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. →Legal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.