[Direct answer]In the Beijing area, according to the provisions of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), the enforcement officer, upon receiving the application for enforcement or the transfer of enforcement document, shall issue an enforcement notice to the debtor and may immediately take compulsory enforcement measures. In practice, after registering the case, the court usually promptly initiates online investigation and control, through the enforcement investigation and control system to inquire into the debtor's bank deposits, vehicles, real estate, securities and equity and other property information, and take freezing, seizure and deduction measures according to the results of the inquiry. The specific time of starting the investigation and control is affected by the review of the case registration, the feedback of the system and the workload of the court, and it is generally started from the registration of the case and promptly advanced. What the parties can do is to provide accurate and specific clues to the property, promote the investigation and control and disposal to be implemented as soon as possible, and avoid the enforcement being stagnated for a long time.

I. Problem background and typical scenarios

The parties are most concerned about how long it will take to conduct an investigation after the case is filed and what information can be obtained. Typical scenarios include: no feedback after the case is filed, worrying that the court has not initiated the investigation and control; only finding out that the account balance is relatively low and not knowing what else can be investigated; the other party's property is registered under someone else's name or in a different location, making it difficult to conduct online investigation and control; finding the property but not yet disposing of it, with the funds not arriving on time; and the case being terminated due to no assets being found. Different situations require different approaches, so it's necessary to understand the channels and key points.

II. Key points of dispute

Firstly, the start time and process nodes of investigation and control after case filing. Secondly, the coverage and limitations of online investigation and control. Thirdly, the application of court investigations and lawyer's investigation orders. Fourthly, the collection and submission methods of property clues. Fifthly, the conditions and order of seizure, freezing, and deduction. Sixthly, the conditions of final repayment and the ways to resume enforcement. Seventhly, the application of adding the debtor and extending liability.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a shareholder liability dispute for harming the interests of the company's creditors. In the case, the client and a certain company had a dispute over an intermediary contract, and the effective judgment ordered the company to return the intermediary service fee of 423,500 yuan. After applying for enforcement, the court found no enforceable assets and ruled to terminate the enforcement. The firm's lawyers did not stop at the results of the enforcement, but retrieved the business registration files and discovered that the company's shareholders had failed to pay the subscribed capital of 9 million yuan and 1 million yuan, with the subscription period ending in 2039. Therefore, in accordance with relevant judicial interpretations and adjudication rules, the lawyers argued that since the company had exhausted all enforcement measures but failed to recover any assets, and had the grounds for bankruptcy but did not apply for bankruptcy, the shareholders should no longer enjoy the benefit of the subscription period and should bear supplementary compensation liabilities within the unpaid scope. The court adopted the lawyers' arguments and ruled that the two shareholders should bear liabilities within their respective unpaid scopes. This case shows that enforcement is just the first step. The limitations of online enforcement are that it mainly covers assets registered under the name, and it is often difficult to directly detect assets that have been hidden, transferred to others' names, or to related entities. This is precisely the space where lawyers can play a role. In practice, Henglue Law Firm simultaneously advances three tasks after filing the case: first, sorting out and submitting specific property clues, including account opening banks and account numbers, real estate locations, vehicle and equity information, to improve the hit rate of enforcement; second, for cases where enforcement fails, applying to the court for investigation or conducting extended investigations through investigation orders and business registration and real estate inquiries; third, for lawless persons without assets, tracing the shareholders' subscribed capital, related companies, and actual controllers' assets, and, if necessary, adding the debtors or initiating liability suits. In addition, for assets that have been enforced, timely monitoring the progress of appraisal, auction, and distribution to facilitate the receipt of funds; for cases of enforcement termination, applying to resume enforcement as soon as new property clues are discovered. The enforcement and control system in Beijing courts is relatively perfect, but whether it can achieve effective results often depends on the quality of clues and the combination of follow-up measures. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. After the case is filed, actively provide specific property clues to assist the court in investigation and control; 2. Pay attention to the feedback from the investigation and control, and promptly apply for freezing, seizure, and attachment of property; 3. For cases where the investigation and control are unsuccessful, apply to the court for investigation or use investigation orders; 4. For companies with no assets, trace the shareholders' investment and related property; 5. For cases where new clues are discovered after the completion of the final enforcement, promptly apply for resumption of enforcement. Legal basis: - The Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) regarding enforcement notices, coercive measures, and property investigations; - The relevant provisions of the Supreme People's Court on strictly regulating the termination of this enforcement procedure and the change and addition of parties in civil enforcement. For cases involving enforcement, you can refer to the above provisions.Creditor's rights and debts, and enforcement; For matters involving the company's equity, you can refer to the following for reference.Business and contract disputes in enterprises; For financial assets, you can refer to the following for more information.\nFinancial capital and cross-border transactions involving foreign entitiesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the investigation and control proceed swiftly from the initiation of a case, but it does not cover all assets. Secondly, the quality of clues directly determines the hit rate of the investigation and control. Thirdly, the termination of the enforcement does not mean the end of the case. If new clues are found, the enforcement can be resumed. Fourthly, for companies with no assets, the responsibility of shareholders and related parties can be pursued. Fifthly, after the investigation and control of the assets, we need to follow up on the progress of their disposal and distribution. For matters involving enforcement and asset investigation and control, you can consult with us through the following channels:Creditor's rights and debts, and enforcementWe provide a comprehensive solution for services, which can be combined with the company's equity interests if necessary.Business and contract disputes in enterprisesFor financial assets, you can refer to the following for more information.\nFinancial capital and cross-border transactions involving foreign entities.

VI. Frequently Asked Questions

Q1: Will the investigation and control be carried out immediately after the case is registered?

After the court accepts the case, it usually initiates investigation and control in a timely manner. Through the enforcement investigation and control system, the court can inquire into the debtor's bank deposits, vehicles, real estate, securities, and equity, and take immediate enforcement measures. The specific start time is affected by the case acceptance review, system feedback, and the court's workload. Generally, it starts from the acceptance of the case and proceeds rapidly. The parties can actively submit clues to promote the progress of the case.

Q2: What types of assets can be traced and monitored through online investigations?

Generally, you can inquire about the property information registered under your name, including bank deposits, wealth management products, securities, vehicles, real estate, industrial and commercial equity, and online funds. The limitation is that it is difficult to directly cover the property transferred to others' names, hidden or unregistered property, which requires further investigation through court investigations, investigation orders, and clue verification to clarify the situation.

Q3: What should I do if I can't find the property information?

You can actively provide more specific clues and apply for a court investigation. If necessary, you can apply for an investigation order to inquire with banks, real estate and industrial and commercial departments. If the company has no property, you can trace the shareholders' investment and related property, apply to add the debtor to the list of those subject to enforcement, or file a liability lawsuit. If there is indeed no property, the enforcement may be terminated, but if new clues are found, the enforcement can be resumed.

Q4: How long will it take to implement this?

It depends on the results of the investigation and the progress of property disposal. If there are assets available for enforcement, they can usually be disposed of within a few months after being frozen, appraised, and auctioned; if there are no assets or if there are major disputes, the process may take longer. Enforcement cases require continuous follow-up. It is recommended to maintain communication with the presiding judge and submit materials and clues in a timely manner.

Q5: Can the execution still proceed after the completion of the litigation process?

Yes. Terminating the current enforcement procedure does not mean that the creditor's rights are extinguished. If the court discovers new clues to the debtor's assets, it can apply to the court to resume the enforcement; if the debtor refuses to perform or evade enforcement, it can also apply to take measures such as restricting high-consumption and including the debtor in the list of dishonest people. The creditor's rights are valid for a long time, and the key is to continuously search for the debtor's assets.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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. In case of disputes, please consult a practicing lawyer in time.