[Direct answer]In the Beijing area, the general process for applying to seize the other party's property during enforcement is as follows: First, obtain an effective legal document and apply for enforcement. Then, submit a written application for seizure to the enforcement court and provide clues to the property owned by the debtor. After review by the court, a seizure ruling will be made and implemented in accordance with the law. 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 and measures, if the debtor fails to fulfill the obligations specified in the legal document in accordance with the enforcement notice, the people's court has the right to seize, detain, freeze, auction, or sell their property. The "Regulations of the Supreme People's Court on Seizure and Detention of Property in Civil Enforcement" (amended in 2020) specify the application and limitations of seizure. The statute of limitations for enforcement applications is generally two years, calculated from the last day of the performance period specified in the legal document. In practice, the court can query the real estate information of the debtor through the online monitoring system. Applicants for enforcement should actively provide clues to the location, ownership, and registration of the property to improve enforcement efficiency. If a third party claims to have rights to the property sufficient to preclude enforcement, the matter can be resolved separately through enforcement objections and enforcement objection litigation.

I. Problem Background and Typical Scenarios

The difficulty in enforcement often lies in the inability to locate and verify the debtor's assets. Typical scenarios include: the debtor claiming to have no assets under their name, while in reality they have transferred or registered the property under someone else's name; the creditor knowing that the other party owns a house but not knowing how to apply to the court for a seizure order; after the property is seized, third parties raise objections on grounds such as buying the house under someone else's name or claiming it as jointly owned property; and after the seizure, it is found that the property has no resale value. Although the enforcement and online monitoring system in Beijing courts is relatively well-developed, if the applicant actively provides clues and promptly applies for a seizure order, it can still significantly increase the likelihood of recovering the debt.

II. Key points of dispute

First, what are the requirements for a seizure, and is it necessary to apply for enforcement first? Second, how should property clues be provided, and will the court actively investigate them? Third, what are the differences in the effectiveness of a seizure and a pending seizure? Fourth, how should cases be handled when a third party raises an enforcement objection, and can the enforcement be precluded? Fifth, how should the appraisal, auction, and distribution proceed after a seizure? Clarifying these issues is essential to turning a written judgment into actual recovery of funds.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a client in a lawsuit against an executor's objection to enforcement, successfully protecting the creditor's enforcement rights. In 2021, Zhang * and Zhou * settled a civil loan dispute through mediation, with Zhou * obligated to repay 2 million yuan, but he failed to fulfill his obligation. In 2023, Zhang * applied for compulsory enforcement against Zhou *'s property located in Yichang City. In 2024, a third party, Wang *, raised an objection to enforcement on the grounds that the property was purchased in Zhou *'s name and that he was the actual owner. The first-instance court accordingly ordered a stay of enforcement. Zhang * then retained a lawyer to file an appeal. The lawyer argued four points: First, real estate ownership is determined by registration, and a loan-in-name agreement only creates an internal creditor-debtor relationship, without transferring ownership rights, thus not precluding compulsory enforcement. Second, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Handling of Objections and Review Cases in Enforcement Proceedings" (amended in 2020) should be the legal basis for determining whether a third party can preclude enforcement. The first-instance court erroneously applied other interpretations to determine the true owner. Third, the third party failed to obtain a legally effective title document in another case before the property was sealed, failing to meet the statutory conditions for precluding enforcement. Fourth, purchasing property in another person's name may circumvent purchase restrictions and violate public order and good customs. The appellate court accepted the lawyer's arguments, reversed the first-instance ruling, and allowed enforcement of the property. This case demonstrates that applying for seizure is just the first step. To safeguard the effectiveness of seizure and enforcement against third-party objections, litigation is necessary. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起申请执行人执行异议之诉，为债权人守住了执行成果：2021年张某与周某民间借贷纠纷经调解，周某需偿还200万元，但其后未履行，张某于2023年申请强制执行周某位于宜昌的房产。2024年，案外人王某以借名买房为由提出执行异议，主张房产系借周某之名购买、自己才是实际权利人，一审法院据此裁定中止执行。张某遂委托律师提起上诉。律师围绕四点展开论证：其一，动产物权以登记为准，借名协议仅产生内部债权关系，不发生物权变动，不能排除强制执行；其二，应以《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》（2020年修正）作为案外人排除执行的判断依据，一审错误适用其他解释认定真实权利人；其三，案外人未在查封前取得另案确权生效文书，不符合排除执行的法定条件；其四，借名买房可能规避限购政策，有违公序良俗。二审采纳律师意见，判决撤销一审裁定，准许执行该房产。本案说明，申请查封只是第一步，面对案外人异议，还需通过诉讼维护查封与执行的效力。本案由北京恒略律师事务所代理。Wang DongAttorney (practice certificate number: 11101201910090334, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action list: First, apply for enforcement in a timely manner based on the effective legal documents, paying attention to the two-year statute of limitations for applying for enforcement; Second, actively provide the court with the location, ownership, and registration clues of the property owned by the debtor, and cooperate with online investigation and control; Third, when applying for seizure, pay attention to whether there are signs of transferring property, and if necessary, apply for additional or preservation measures; Fourth, if a third party raises objections, actively respond to the lawsuit and argue around the validity of the registration and whether the title document is valid; Fifth, after seizure, cooperate with appraisal and auction to promote the realization of property and the distribution of funds. Legal basis: Provisions on enforcement procedures and enforcement measures of the Civil Procedure Law of the People's Republic of China (amended in 2023, effective from January 1, 2024), the Supreme People's Court's Regulations on Seizure, Detention, and Freezing of Property in Civil Enforcement (amended in 2020), and the Supreme People's Court's Provisions on Several Issues Concerning Handling of Enforcement Objections and Review Cases in Civil Enforcement (amended in 2020). For issues related to creditor-debtor relations and enforcement, please refer to the relevant provisions.Creditor's rights and debts, and enforcementServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the seizure of property is based on the effective legal documents and the application for enforcement. It is necessary to file a case first and then exert pressure on the debtor. Secondly, the more specific the property clues are, the more efficient the investigation and control will be. Don't just wait for the court to investigate. Thirdly, the statute of limitations for applying for enforcement is generally two years. If you find any delay, you should assert your rights as soon as possible. Fourthly, the objection of a third party does not mean that the enforcement will be terminated. You can continue to proceed with the enforcement through a lawsuit against the objection. Fifthly, buying a house under someone else's name generally cannot exclude enforcement. The registration book is still the primary criterion for judgment. For matters involving property ownership and transactions, you can combine them together for consideration.Real estate transactions and construction projectsPlate, involving consultation on corporate and operational debtsBusiness and contract disputes in enterprisesFor teams dealing with collective land and inheritance of property in villages, the following materials may be of referenceInheritance of property and division of family assetsFor columns involving other difficult execution matters, you can contact us for assistanceSpecialised legal servicesFor matters concerning the compensation for expropriation, you can seek advice from usLand expropriation and demolition, and administrative litigationTeam.

VI. Frequently Asked Questions

Q1: How to apply for the seizure of the other party's property during the execution process?

First, apply for enforcement based on the effective legal documents, then submit a written application for seizure to the enforcement court and provide clues to the debtor's property. After review by the court, a seizure ruling will be made and implemented. If necessary, the court may search for real estate through the online investigation and control system.

Q2: Can the other party's property be sealed off if we don't know their property information?

You can provide the known clues and apply for a court inquiry. The court can use the online enforcement and control system to inquire about the real estate owned by the debtor. The more specific the information on the location, ownership, and transaction records that the applicant for enforcement has, the higher the efficiency of the inquiry, control, and seizure will be.

Q3: If a third party claims that the house belongs to him, can the execution be precluded?

Generally, claims alone cannot be used to exclude enforcement. If the third party has not obtained a valid title confirmation document in another case before the seizure, or claims that the property was purchased under a false name, this is usually not enough to exclude enforcement. If the party is dissatisfied with the ruling on the objection, he/she may file a lawsuit against the enforcement objection to resolve the matter.

Q4: What is the statute of limitations for applying for enforcement?

According to the provisions on enforcement in the Civil Procedure Law, the period for applying for enforcement is generally two years, calculated from the last day of the performance period specified in the legal document. Applying for enforcement after the expiration of the time limit may affect the realization of rights, so if any delay is found, it should be claimed as soon as possible.

Q5: How to cash out and recover the money from the house after it's been sealed up?

After the seizure, the court shall initiate the appraisal, auction, and sale procedures in accordance with the law, and the proceeds of the transaction shall be distributed to the creditors in accordance with the statutory order. The applicant for enforcement shall cooperate in providing information on the ownership and occupation of the property, monitor the progress of the disposal, and claim to participate in the distribution in a timely manner.

The above answer is based on the judicial practice in the Beijing area. The adjudicative opinions 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·Attorney Wang Dong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute formal legal advice 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 promptly.