[Direct answer]In the Beijing area, it is possible, but sufficient and effective guarantees must be provided and the conditions must be met. The Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) stipulates that during the enforcement process, if the debtor provides guarantees to the people's court and obtains the consent of the applicant for enforcement, the people's court may decide to suspend the enforcement and determine the period of suspension; if the debtor still fails to perform within the time limit, the people's court has the right to enforce the debtor's guaranteed property or the guarantor's property. Therefore, providing guarantees is a common path to suspend the enforcement, but it must meet the conditions that the guarantees are genuine and effective, the value of which is roughly equivalent to the subject of enforcement, and with the consent of the applicant for enforcement or decided by the court after review. The forms of guarantees include property guarantees and suretyships, which are specifically reviewed by the court according to the circumstances of the case. Suspension does not mean termination of enforcement. If the time limit expires or the conditions are not met, the enforcement will continue.

1. Problem background and typical scenarios

During the execution process, the debtor may seek to gain time to raise funds or negotiate an installment plan with the applicant for enforcement, and propose to provide a guarantee to suspend the execution. Typical scenarios include: suspending the execution in exchange for a guarantee or mortgage provided by a third party; depositing cash or certificates of deposit as a guarantee; and the applicant for enforcement agreeing to suspend the execution in exchange for a commitment to perform in installments. In the enforcement procedures of the Beijing area, it is more common to suspend the execution with a guarantee, but it needs to be handled in a standardized manner.

II. Key points of dispute

First, what conditions must be met for a stay of execution, and is the applicant's consent necessary? Second, what types of guarantees are available, and how is their value determined? Third, what is the typical duration of a stay of execution, and can it be extended? Fourth, what is the scope and manner of the guarantor's liability? Fifth, how is enforcement resumed if the debtor fails to perform on time or if the conditions for enforcement are not met?

III. Professional analysis by Henglue Law Firm

Here's the translation of the Chinese (Simplified) sentence into English, with detailed explanations: Henglue Lawyers offer four practical tips in their legal practice: 1. **Clear conditions**: Suspension of enforcement typically requires the debtor to provide a guarantee and the applicant's consent. The court decides whether to grant suspension and sets the time limit based on these conditions. If the applicant disagrees, the court may review the decision based on specific circumstances, but this is more challenging. 2. **Valid guarantees**: The guaranteed assets must have clear ownership, be free from disputes, and easily liquidatable, with a value equivalent to the enforcement debt. Third-party guarantees must meet creditworthiness requirements, and mortgages or pledges must be registered or transferred to avoid formal guarantees being ineffective. 3. **Time limits and resumption**: Suspension of enforcement has a clear time limit, typically no more than one year. If the time limit expires or the guarantee conditions are not met, the court may immediately enforce the guaranteed assets or the debtor's assets, and the court will bear liability within the scope of the guarantee. 4. **Negotiated value**: Suspension of enforcement is often combined with enforcement settlements or installment payments. By reaching a written settlement agreement with the applicant, clarifying repayment plans and consequences of default, this approach can alleviate the debtor's financial pressure and ensure the applicant's rights are realized. 5. **Risk warnings**: Providing false guarantees or transferring assets before offering formal guarantees may be deemed as obstruction of enforcement and result in corresponding liabilities. Overall, guarantee suspension is a method of balancing the interests of both parties, but it should not be used as a delaying tactic. Henglue Lawyers have helped clients secure repayment opportunities and enforce their rights through reasonable guarantee and settlement strategies in numerous enforcement cases. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, communicate with the applicant for enforcement and strive to obtain their consent to suspend the enforcement and form a written plan; Second, provide collateral property with clear ownership and equivalent value, or obtain a guarantee from a third party with good credit; Third, handle the registration of mortgages or pledges or the delivery of property to ensure the effectiveness of the guarantee; Fourth, perform obligations in a planned manner within the suspension period to avoid the enforcement of the collateral property upon the expiration of the time limit; Fifth, combine the suspension with enforcement settlement and phased performance to clarify the consequences of default. For matters involving creditor recovery and enforcement, you may refer to the relevant provisions.Creditor's rights and debts, and enforcementIt can be referred to for matters related to enterprise operations and contractsBusiness and contract disputes in enterprisesLegal basis: The provisions on enforcement guarantees and deferral of enforcement in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, to suspend the execution, it is usually necessary to provide valid guarantees and obtain the consent of the applicant for enforcement, both of which are indispensable. Secondly, the guarantees should be commensurate with the debt and easy to realize. Formal guarantees are difficult to be approved. Thirdly, the suspension has a time limit. During the period, the plan should be carried out as scheduled, otherwise the enforcement of the guaranteed property will be directly implemented. Fourthly, the guarantee suspension is often combined with the enforcement settlement, and a written agreement is a guarantee. For real estate enforcement, you can refer to the relevant provisions.Real estate transactions and construction projectsFor matters involving family property, you can refer to the following for reference.Divorce litigation and family disputesFor other difficult matters, you can refer to the relevant information for reference.Special services and other cases.

VI. Frequently Asked Questions

Q1: Can providing a guarantee during the execution process lead to a suspension of the enforcement process?

Not necessarily. Generally, it is necessary to provide sufficient and effective guarantees and obtain the consent of the applicant for enforcement. The court will decide whether to suspend the enforcement and set a time limit based on this. If the ownership of the guarantee is unclear, the value is insufficient, or the consent has not been obtained, the request may not be granted. It is recommended to first consult with the applicant for enforcement and prepare standardized guarantee materials.

Q2: What types of guarantees can be used for deferring the execution of a judgment?

These include property guarantees such as cash or certificates of deposit, third-party guarantees, property mortgages, and pledges. The guaranteed property should have clear ownership, be free from disputes, and be easily realizable, with a value equivalent to the debt being enforced. For mortgages and pledges, registration or delivery procedures are required to ensure the effectiveness of the guarantee, which will be reviewed by the court in detail.

Q3: How long is the period of deferring the execution of the judgment?

The court shall determine the time limit based on the circumstances of the case, which is generally a reasonable period of no more than one year. When the time limit expires or the guarantee conditions are not fulfilled, the enforcement will resume, and the court may enforce the guaranteed property or the guarantor's property. The specific time limit shall be subject to the court's decision, and the obligations shall be performed according to the plan within the time limit.

Q4: What will happen to the guarantor if the loan is not repaid on time?

If the person subject to enforcement still fails to perform his obligations after the due date, the people's court shall have the right to enforce the guarantor's property or the property of the guarantor, and the guarantor shall bear responsibility within the scope of the guarantee. If it is a joint and several guarantee, the people's court may directly enforce the guarantor's property; for a general guarantee, the people's court shall handle it in accordance with the guarantee agreement and the provisions of the law, and the specific handling shall be subject to the enforcement ruling of the court.

Q5: What should I do if the applicant for enforcement disagrees with the decision?

You can continue to negotiate and seek their consent through the implementation of a settlement agreement or a phased performance plan. If no agreement can be reached, the court will generally not suspend enforcement directly. At this time, you should actively perform the obligations or provide more valuable guarantees to avoid the disposal of your property. If necessary, consult a lawyer to evaluate alternative solutions.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Yuan Hang·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.