[Direct answer]The execution will be interrupted. The Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) stipulates that the period for applying for enforcement is two years, and the suspension and interruption of the statute of limitations for enforcement shall apply to the provisions on the suspension and interruption of the statute of limitations for litigation. Therefore, the rights holder's acts of making a request for performance, the obligee's consent to performance, applying for enforcement, or initiating litigation may all lead to the interruption of the statute of limitations and the restart of the calculation; if the rights holder is unable to exercise the right of claim due to force majeure or other obstacles, the statute of limitations may be interrupted or suspended. It should be noted that if the application for enforcement is made after the expiration of the statute of limitations for enforcement, the executed party may raise objections, and if the objections are found to be valid by the court, the court will rule that the enforcement shall not proceed. Therefore, it is necessary to apply for enforcement as soon as possible and keep evidence that can prove the interruption of the statute of limitations, such as reminders, consultations, and partial performance.

I. Problem Background and Typical Scenarios

Parties often overlook the statute of limitations for enforcement and fail to apply for enforcement in time, which makes it difficult to realize their rights. Typical scenarios include: failing to apply for enforcement for a long time after the judgment takes effect and waiting for the other party to fulfill its obligations; the other party promising to make payments in installments but repeatedly delaying them, during which the right holder repeatedly urges the other party to fulfill its obligations; being unable to assert rights in time due to going abroad, illness, or force majeure; leaving the remaining funds unclaimed for a long time after partial performance; and only remembering to apply for enforcement after discovering the other party's assets. In these situations, the calculation and interruption of the statute of limitations directly affect whether enforcement can be carried out by force.

II. Key points of contention

First, the starting point of the statute of limitations for applying for enforcement and the two-year period. Second, the specific circumstances of interruption and the methods of providing evidence. Third, the statutory grounds and periods of suspension. Fourth, the calculation of the statute of limitations in the case of phased performance. Fifth, the review standards for the debtor's objection to the statute of limitations. Sixth, the remedies available after the statute of limitations has passed. Seventh, the application of enforcement objections and reconsiderations. These issues determine whether the enforcement can proceed smoothly.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a client in a case of objection to enforcement by a third party: The client purchased a commercial housing unit with full payment and actually moved in, but the developer was indebted and the house had not yet been registered with the property rights certificate when it was sealed by the court. The applicant for enforcement requested to continue the enforcement. Our lawyers organized evidence around the key points of having signed a legally valid sales contract before the seizure, having paid the full price, having no other housing under the client's name, and the failure to complete the transfer of ownership not due to the buyer's own reasons. According to the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Cases of Objection to and Review of Enforcement by People's Courts", we argued for the exclusion of forced enforcement. The court ultimately determined that the client at least met the conditions for excluding enforcement, and ruled to dismiss the applicant's lawsuit, thus preserving the property. This case shows that the time limits and evidence in the enforcement process are equally crucial: whether it's the statute of limitations for applying for enforcement or the time limit for raising objections, there are clear legal requirements. Failure to meet the deadlines may result in the loss of remedial opportunities. Regarding the statute of limitations for applying for enforcement, the practical experience is to initiate the process as early as possible and pay attention to preserving evidence that can interrupt or suspend the statute of limitations during the waiting, urging, and negotiation processes, such as written demand letters, WeChat or SMS records, written documents promising repayment by the other party, and transfer receipts for partial performance. If the statute of limitations is approaching two years, it's necessary to apply for enforcement as soon as possible to avoid being ruled ineligible for enforcement due to the expiration of the statute of limitations. For cases that have already missed the statute of limitations, it's still possible to evaluate whether there are interruption circumstances or whether the other party has not raised objections. If necessary, negotiations can be conducted to facilitate performance. Beijing courts are relatively strict in reviewing objections to the statute of limitations, and the integrity and authenticity of evidence are often crucial. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起案外人执行异议之诉：当事人以全款购买商品房并实际入住，因开发商对外负债、房屋尚未办理产权证而被法院查封，申请执行人请求继续执行。本所律师围绕查封前已签订合法有效的买卖合同、已支付全部价款、名下无其他住房且非因买受人自身原因未办理过户等要点组织证据，依据《最高人民法院关于人民法院办理执行异议和复议案件若干问题的规定》主张排除强制执行，法院最终认定当事人至少符合排除执行的情形，判决驳回申请执行人诉讼请求，房产得以保住。该案说明，执行程序中的期限与证据同样关键：无论是申请执行的时效，还是提出异议的期限，都有明确的法律要求，逾期可能丧失救济机会。就申请执行时效而言，实务中的经验是尽早启动程序，并在等待、催告与协商过程中注意留存能够证明时效中断或中止的证据，例如书面催款函、微信或短信记录、对方承诺还款的书面文件、部分履行的转账凭证等。若已接近二年期间，应尽快申请执行，避免因时效届满而被裁定不予执行。对已经错过时效的，仍可评估是否存在中断事由或对方未提出异议的情形，必要时通过协商促成履行。北京地区法院对时效异议的审查较为严格，证据的完整性与真实性往往是关键。本案由北京恒略律师事务所代理。Chen Mei'eAttorney (practice license number: 11101201911105336, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action List: 1. Apply for enforcement as soon as possible after the judgment takes effect to avoid approaching the two-year time limit; 2. Preserve evidence of reminders, negotiations, and partial performance to prove the interruption of the statute of limitations; 3. Keep receipts for each installment payment during enforcement; 4. Fix evidence and claim suspension in the event of force majeure or obstacles; 5. Actively present evidence to refute statute of limitations objections when received. 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 the two-year period for applying for enforcement and the application of the statute of limitations suspension and interruption provisions; - Relevant provisions of the Supreme People's Court on the application of the statute of limitations system. For matters involving enforcement and statute of limitations, please refer to the following documents:Creditor's rights and debts, and enforcement; For matters involving creditor's rights and contracts, you can refer to the following for reference.Business and contract disputes in enterprises; For reference, please refer to the section on property enforcement.Real estate transactions and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the statute of limitations for applying for enforcement is two years, and it's better to do it as soon as possible. Secondly, reminders and partial performance may lead to the interruption of the statute of limitations, so it's necessary to keep evidence. Thirdly, for installment performance, it's necessary to keep records of each payment. Fourthly, the debtor's objection to the statute of limitations needs to be reviewed, and the right holder should actively provide evidence. Fifthly, even if the statute of limitations has expired, it's still necessary to evaluate the possibility of relief and not give up easily. For matters involving enforcement and statute of limitations, you can consult a lawyer for professional advice.Creditor's rights and debts, and enforcementThe service provides a comprehensive solution, which involves the integration of creditor's rights and contractsBusiness and contract disputes in enterprisesFor reference, the following applies to real estate enforcementProperty sales and construction projects.

VI. Frequently Asked Questions

Q1: What is the statute of limitations for applying for enforcement?

Two years. According to the provisions of the Civil Procedure Law, the period for applying for enforcement is two years, which is calculated from the last day of the performance period specified in the legal document; for performance in installments, it is calculated from the last day of each performance period; and for those without a specified performance period, it is calculated from the date the legal document takes effect. Applying for enforcement after the expiration of the period may result in a ruling that the enforcement is not allowed, so it should be initiated as soon as possible.

Q2: What actions can lead to the interruption of the statute of limitations?

When the right holder submits a performance request to the obligee, the obligee agrees to perform the obligation, the right holder files a lawsuit or applies for enforcement, etc., this usually results in the interruption of the statute of limitations and the restart of the calculation. It is necessary to keep the written collection letters, chat and SMS records, materials of the commitment to repayment, and transfer receipts of partial performance to prove the fact of interruption.

Q3: What should I do if the other party keeps saying they'll pay but keeps delaying it?

The other party's promise and partial performance may constitute an interruption of the statute of limitations, but you should fix the evidence and apply for enforcement as soon as possible to avoid missing the deadline due to relying on verbal promises. If the other party repeatedly delays, you can directly apply for forced enforcement and apply for the seizure and freezing of their property to enforce the measures and make them fulfill their obligations, rather than continuing to wait.

Q4: Can the judgment still be enforced after the statute of limitations has passed?

If the debtor does not raise an objection to the statute of limitations, the court generally does not actively apply the statute of limitations provisions; if an objection is raised and the review is successful, the court will rule that the enforcement cannot proceed. Therefore, exceeding the statute of limitations does not mean that enforcement is absolutely impossible, but the risk is relatively high. You can assess whether there are any circumstances of interruption or suspension, and encourage the debtor to voluntarily fulfill the obligation through negotiation.

Q5: When should an objection to enforcement be raised?

If you have any objections to the enforcement actions or the subject matter of enforcement, you should raise them in a timely manner before the end of the enforcement process to avoid difficulties in recovering the property after it has been disposed of. If you are not satisfied with the ruling on the objections, you may apply for a review to the higher court or file a lawsuit challenging the enforcement within the statutory time limit. The time limit is relatively strict, so it is recommended to assert your rights as soon as possible under the guidance of a lawyer.

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, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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 the event of a dispute, please consult a practicing lawyer in a timely manner.