[Direct answer]In the Beijing area, the main types of guarantees include property guarantees and third-party guarantees. 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 set a suspension period. In practice, the methods of enforcement guarantees typically include: depositing cash or negotiable certificates of deposit with the court; registering mortgages for properties with clear ownership; pledging equity, accounts receivable, etc.; and obtaining guarantees from third parties with good credit. The guaranteed assets should have clear ownership, be free from disputes, and be easily realizable. Their value should be equivalent to the enforcement debt, and the registration or delivery procedures should be carried out in accordance with the law. Otherwise, the guarantees may be deemed invalid or insufficient and not be accepted.

1. Problem background and typical scenarios

During the execution process, the debtor hopes to obtain a stay of execution by providing a guarantee, but is unclear about what can be used as a guarantee and how to proceed. Typical scenarios include: obtaining a stay of execution by using a third party's real estate or a guarantee; using deposits or escrow deposits as guarantees; and pledging company equity or accounts receivable as collateral. In the execution process in Beijing, the standardization and effectiveness of the guarantee directly affect whether a stay of execution is granted.

II. Key points of contention

First, the scope and selection criteria of guarantee methods. Second, how to determine the value of the guaranteed property and whether it must be evaluated. Third, the procedures and effective conditions for handling mortgages, pledges, and guarantees. Fourth, whether the guarantee must be approved by the applicant for enforcement. Fifth, the consequences of an inadequate or untrue guarantee.

III. Professional analysis by Henglue Law Firm

Here are the translations of the four practical tips from Henglue Lawyers in their legal practice: 1. **Choice of Method**: Cash or deposit certificates are the most direct and convenient for liquidation; real estate mortgages are widely used due to their high value and stability, but require mortgage registration; pledges such as equity and accounts receivable need to be verified for their authenticity and enforceability; and guarantees provided by creditworthy entities or individuals are more efficient, but the guarantor’s repayment ability must be reviewed. 2. **Value and Review**: The value of the collateral must be commensurate with the enforcement debt. If necessary, a valuation should be conducted. The court will review whether the ownership is clear, whether there are seizures or pledges, and whether the collateral is easily liquidated. If the value is significantly insufficient or encumbered by rights, approval will generally be denied. 3. **Procedures and Effectiveness**: Mortgages require registration; pledges require delivery of rights certificates or registration; and guarantees must be issued in writing. Incomplete procedures may be deemed invalid, rendering enforcement ineffective. 4. **Consent and Decision**: Temporary enforcement suspension typically requires the debtor providing a guarantee and the applicant’s consent. The court decides based on these conditions and the timeframe. If negotiations fail, the court will review the case based on specific circumstances. 5. **Risk Warning**: Providing collateral with false assets or encumbered rights may be deemed an obstruction of enforcement and result in liability. In multiple enforcement cases, Henglue Lawyers have helped clients secure temporary enforcement suspensions and reach settlements by designing compliant guarantee schemes and handling legal procedures. 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, select an appropriate guarantee method based on the scale of the debt, giving priority to property with clear ownership and easy liquidation; Second, conduct a value assessment of the guaranteed property to ensure it is commensurate with the execution of the debt; Third, handle mortgage registration, pledge delivery, or issue a written guarantee in accordance with the law to ensure the effective establishment of the guarantee; Fourth, actively negotiate with the applicant for enforcement and form a written plan; Fifth, perform according to the plan within the suspension period to avoid the execution of the guaranteed property. 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 issues related to corporate operations and contractsBusiness and contract disputes in enterprisesLegal basis: The provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) regarding enforcement guarantees and deferral of enforcement. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the guarantee method should match the debt scale and the need for liquidation. Cash-based guarantees are the easiest to be approved. Secondly, the guarantee procedures must be complete. Unregistered mortgages are difficult to support a deferral. Thirdly, the guarantee usually requires the consent of the applicant for enforcement, and negotiation is the key. Fourthly, false guarantees or duplicate guarantees may be deemed as hindering the enforcement and the guarantor will bear corresponding responsibilities. For cases involving property 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 materials for further assistance.Special services and other cases.

VI. Frequently Asked Questions

Q1: What are the methods of providing a guarantee for execution?

It mainly includes two types: property guarantee and third-party guarantee. Property guarantees include cash or certificate of deposit deposits, real estate mortgages, pledges of equity and accounts receivable, etc. Third-party guarantees are provided by units or individuals with good credit. The guaranteed property should have clear ownership, no rights encumbrance, and be easy to liquidate, with a value equivalent to the debt.

Q2: Can real estate be used as an enforcement guarantee?

Yes. The property value is high and stable, but it must have clear ownership and not be sealed up or mortgaged. It must also undergo mortgage registration in accordance with the law. Otherwise, the guarantee may not be approved due to the failure to establish it effectively or due to the existence of rights encumbrances. It is recommended to provide appraisal or value proof materials at the same time and obtain the consent of the applicant for enforcement.

Q3: Is it necessary to obtain the consent of the executor when applying for a guarantee?

It is usually necessary. According to the law, if the person subject to enforcement provides a guarantee and the applicant for enforcement agrees, the court may decide to suspend the enforcement; if the applicant for enforcement does not agree, the court will generally not suspend the enforcement directly. Therefore, negotiating a written plan is an important step in handling the suspension of enforcement with a guarantee, and the specific decision will be subject to the court's approval.

Q4: What are the requirements for a third-party guarantee?

The guarantor should have the corresponding creditworthiness and repayment ability, and issue a written guarantee document that clearly specifies the scope of the guarantee and the form of liability. The court will review the guarantor's financial status and performance ability. If the guarantor lacks sufficient creditworthiness or only provides a verbal guarantee, it will usually be difficult to obtain approval. It is recommended to provide financial and asset proof materials.

Q5: What are the consequences of providing false guarantees?

They may be deemed as obstructing the enforcement and face fines, detention, and other coercive measures; those who commit serious offenses may be held criminally liable. If they provide false guarantees using false assets, assets with existing rights encumbrances, or collude with others to provide false guarantees, not only will it be difficult to obtain a stay of execution, but they may also face increased responsibilities. Such actions should be avoided.

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

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 public 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.