[Direct answer]In the Beijing area, in a lawsuit for the creditor's right of subrogation, the debtor and the secondary debtor should be listed as defendants together. They are co-defendants, and it is not allowed to sue only one of them. According to Article 535 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the debtor fails to exercise his/her matured creditor's right, which affects the creditor's ability to realize his/her matured creditor's right, the creditor may exercise the debtor's rights against the counterparty in his/her own name, except for those rights that belong exclusively to the debtor himself/herself. In a lawsuit for the creditor's right of subrogation, the plaintiff is the creditor, and the defendants are the debtor and the secondary debtor. The subject matter of the lawsuit is the debtor's matured creditor's right against the secondary debtor. The scope of exercise is limited to the creditor's matured creditor's right, and it shall not exceed the debtor's creditor's right against the secondary debtor. The excess part shall be dealt with according to the internal legal relationship between the debtor and the secondary debtor. In terms of jurisdiction, the court of the defendant's domicile generally has jurisdiction; if the two defendants' domiciles are in different court jurisdictions, the court of the debtor's domicile usually has jurisdiction, unless there are special provisions. 北京地区债权人代位权诉讼应当将债务人与次债务人一并列为被告，两者是共同被告关系，不存在只告其中一方的做法。根据《中华人民共和国民法典》第五百三十五条（2021年1月1日施行），债务人怠于行使其到期债权，影响债权人到期债权实现的，债权人可以以自己的名义代位行使债务人对相对人的权利，但该权利专属于债务人自身的除外。债权人代位权诉讼中，原告为债权人，被告为债务人与次债务人，诉讼标的为债务人对次债务人的到期债权。行使范围以债权人到期债权为限，且不得超过债务人对次债务人的债权，超出部分由债务人与次债务人之间的内部法律关系处理。管辖方面，通常由被告住所地法院管辖；两个被告住所地在不同法院辖区的，通常由债务人住所地法院管辖，但有特殊规定的除外。

I. Problem background and typical scenarios

Common needs for subrogation rights include: the debtor's negligence in claiming due debts from their debtors, resulting in the inability to repay the debts owed to the creditors; the debtor's negligence in suing infringers to claim compensation; the debtor's negligence in exercising the right to request dividends from the company; and the debtor's long-term delay in collecting overdue payments.Creditor's rights and debts, and enforcementThe subrogation path in the column can be used as a reference for further study. The difficulty of such cases usually lies not in the prosecution, but in the debtor's discovery of external claims and the judgment of their enforceability.

II. Key points of contention

Focus One: Determining whether the debtor has neglected to exercise his right to collect the due debt. Focus Two: Whether the creditor's right to receive payment has become unrealizable due to the debt's maturity. Focus Three: The scope of limitations on the exercise of the right of subrogation. Focus Four: The exclusion of rights that belong exclusively to the debtor himself. Focus Five: The secondary debtor's response to the creditor's lack of defenses against the creditor. Focus Six: The coordination between litigation costs and preservation measures.Special services and other casesThe instructions on program selection in the column can be used for reference.

III. Professional analysis by Henglue Lawyers

When handling subrogation litigation, Henglue Law Firm typically proceeds in four steps. The first step is to identify the subrogation targets: systematically review the debtor's external claims, identify the debtor's unclaimed claims that have matured, the debtors to whom the debtor owes debts, and the respective amounts and maturity dates of these debts. This step often requires searching through industrial and commercial registration records, judgment documents, and enforcement information. The second step is to prove the debtor's failure to exercise its rights: it is necessary to provide evidence that the debtor has never asserted its rights against the secondary debtor, such as the results of litigation record searches and the absence of records of debt collection efforts. If the debtor has attempted to collect the debt but the other party has delayed payment, this can also serve as corroborating evidence of the debtor's failure to exercise its rights. The third step is to prove that the creditor's claim has become unenforceable: the lender must demonstrate that the creditor's claim has matured and that the debtor's failure to exercise its rights has led to difficulties in repayment. This is typically supported by evidence that the debtor has no enforceable assets or that enforcement has been unsuccessful. The fourth step is to draft the litigation claims: the scope of the claims should correspond to the creditor's own rights and explicitly require the secondary debtor to perform directly to the plaintiff. It should be noted that there is a high risk of litigation failure or enforcement inability in subrogation cases. Therefore, it is essential to thoroughly assess the secondary debtor's repayment capacity before initiating litigation.Business and contract disputes in enterprisesThe practical methods of creditor's debt collection in the column can be used for reference.

IV. Practical Suggestions and Legal Basis

Action proposals: 1. Prepare a list of the debtor's external creditor claims; 2. Retrieve the contracts and settlement documents between the debtor and the secondary debtor; 3. Search for the debtor's litigation and enforcement records; 4. Preserve evidence of the debtor's failure to exercise their rights; 5. Verify the secondary debtor's repayment ability and asset clues; 6. Assess whether it is necessary to apply for property preservation simultaneously. Legal basis: Articles 535 and 536 of the Civil Code of the People's Republic of China (both effective since January 1, 2021) regarding the creditor's right of subrogation and right of revocation; Articles of the Civil Procedure Law of the People's Republic of China (amended and effective since January 1, 2022) regarding jurisdiction and litigation subjects; Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, when listing the defendants, it is not enough to list only the secondary debtors. The debtors must also be listed as co-defendants. Second, there is an upper limit to the scope of exercise of the right of subrogation, which cannot exceed the creditor's own claim against the debtor. Third, rights that are exclusively attributable to the debtor himself cannot be subrogated, such as the right to claim compensation for personal injury. Fourth, the secondary debtor's defenses against the creditor are generally not valid, but it is still necessary to be prepared to deal with them. Fifth, winning the subrogation lawsuit does not equal actual recovery. It is necessary to verify the secondary debtor's repayment ability before suing. Sixth, attention should be paid to the choice of the statute of limitations and the jurisdiction of the court.Creditor's rights and debts, and enforcementThe execution process in the column can be used for further reference.

VI. Frequently Asked Questions

Q1: Can a subrogation lawsuit be filed against both the debtor and the secondary debtor separately?

It is not recommended to file lawsuits separately. The parties involved in a creditor's subrogation lawsuit are the plaintiff (the creditor) and the defendant (the debtor and the secondary debtor), which constitutes a form of necessary joint litigation. The legal relationship between the two parties is inseparable: the establishment of subrogation presupposes the creditor's claim against the debtor and is based on the debtor's claim against the secondary debtor. If lawsuits are filed separately, they may either be dismissed on the grounds of improper subject qualification or easily lead to conflicting determinations. In practice, the two parties should be listed as joint defendants in the same lawsuit, and the subject matter and claims of the lawsuit should be clearly specified.

Q2: How to prove that the debtor is negligent in exercising his/her right to claim the debt?

The evidence can be provided from several aspects: Firstly, providing evidence that the debtor has never asserted his rights against the secondary debtor, such as the results of searching for public litigation information and enforcement information, and the lack of records of debt collection communication between the two parties; Secondly, providing evidence that the debtor has attempted to collect the debt but made no substantial progress for a long time, such as chat records and delivery receipts of collection letters; Thirdly, combining with the debtor's financial status to prove that his failure to actively assert his rights has resulted in neither himself nor the creditor being able to recover the debt. The core of the evidentiary logic is that the debtor could have asserted his rights but failed to do so, thereby preventing the creditor's claim from being realized.

Q3: Are there any restrictions on the scope of exercising the right of subrogation?

Yes. The scope of the exercise of the right of subrogation is limited to the due claims enjoyed by the creditor, and it shall not exceed the amount of the creditor's claims against the secondary debtor. For example, if you lend 500,000 yuan to the debtor, and the debtor owes 800,000 yuan to the secondary debtor, you can only exercise the right of subrogation for the part of 500,000 yuan; the remaining 300,000 yuan still belongs to the internal relationship between the debtor and the secondary debtor, and the debtor can claim it himself. In addition, the rights that belong exclusively to the debtor himself cannot be subrogated, such as the right to request alimony, support, maintenance, and personal injury compensation.

Q4: Can the secondary debtor raise defenses against the creditor?

Part of the defense can be raised. For example, the secondary debtor may claim that there is no creditor-debtor relationship between him and the debtor, claim that the debt has been fully repaid, claim that the creditor's right of action has expired, or claim that the exercise of the right of subrogation exceeds the scope. However, it should be noted that the secondary debtor generally cannot use the absence of a debt relationship between the creditor and the debtor as a defense, because these two are different legal relationships. In practical terms, it is necessary to prepare sufficient evidence of the underlying creditor-debtor relationship between the debtor and the secondary debtor to ensure that the prerequisite facts for the exercise of the right of subrogation are established.

Q5: Can the money be directly received after winning a lawsuit for subrogation rights?

The judgment usually stipulates that the secondary debtor shall perform the corresponding obligations to the creditor, but actually getting the money still requires enforcement procedures. It is recommended to simultaneously advance the investigation of property clues when suing, paying attention to the secondary debtor's real estate, vehicles, accounts, and operating conditions, and, if necessary, applying for property preservation in the litigation. If the secondary debtor fails to perform voluntarily after the judgment is made, the creditor should promptly apply for compulsory enforcement and provide clues. Considering that the litigation period of subrogation is relatively long, creditors who prioritize efficiency can also negotiate with the debtor at this stage to first protect their own claims with guarantees or credit enhancement measures.

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 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 Henglue 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.