[Direct answer]Yes. After obtaining an effective judgment, mediation agreement, or other legally enforceable documents, lawyers can represent clients in applying for enforcement to the competent court. The specific tasks include: drafting and submitting enforcement applications on behalf of clients, organizing clues to the debtor's assets, applying for seizure, freezing, and investigation orders on behalf of clients, raising objections to enforcement and applying for reconsideration, applying to add or change the debtor, and promoting the termination and subsequent resumption of enforcement proceedings when enforcement is unsuccessful. Article 246 of the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022) stipulates that enforcement applications shall be based on effective legal documents; there are clear rules for property investigation and adding debtors during enforcement. It should be noted that the effectiveness of enforcement highly depends on the quality of property clues, so lawyers will conduct multi-channel property investigations while representing clients, rather than simply submitting an enforcement application.Creditor's rights and debts, and enforcementThe execution services in the column cover all the aforementioned tasks.

I. Problem Background and Typical Scenarios

Common demands include: the other party having no property available for enforcement after winning the lawsuit; the property under the name of the person subject to enforcement being claimed by a third party on the grounds of buying the house under a false name; the person subject to enforcement being a shell company and the shareholders not having paid in the full amount of the registered capital; the property under the name of the person subject to enforcement being a collective land resettlement house, and they are worried about being wrongly enforced; and there being no progress in the enforcement application for a long time and not knowing how to proceed with it.Special services and other casesThe instructions on program coordination in the column can be used for reference.

II. Key points of contention

Focus One: Confirmation of the basis for enforcement and the application deadline. Focus Two: Investigation methods for property clues. Focus Three: Handling of enforcement objections raised by third parties. Focus Four: Accelerated maturity of shareholders' contributions and additional liabilities. Focus Five: Enforcement restrictions on resettlement housing and special properties. Focus Six: Resumption of enforcement after the conclusion of this enforcement phase.Business and contract disputes in enterprisesThe analysis of shareholders' responsibilities in the column can be used for further reference.

III. Professional analysis by Henglue Lawyers

Take the enforcement case handled by Attorney Yuan Hang of our firm as an example: After the court ruled that the service fees should be refunded in the intermediary contract dispute between the applicant and the defendant company, the defendant company had no property available for enforcement after the enforcement process, and the procedure was terminated. The lawyer did not stop at the conclusion of enforcement failure, but instead reviewed the company's shareholders' capital contribution situation and found that both shareholders had not paid the actual capital contribution. Therefore, according to the relevant rules on the accelerated maturity of shareholders' capital contribution, the lawyer filed a lawsuit against the shareholders for their liability for harming the company's creditors' interests. The court ultimately ordered the shareholders to bear supplementary compensation liability within the scope of their unpaid capital contribution. This approach reveals the core value of the enforcement stage: the root cause of enforcement difficulties is often the insufficient identification of responsible parties, which requires breaking through the boundaries of liability through legal channels.Special services and other casesThe program advancement instructions in the column can be supplemented. This case is handled by Beijing Henglu 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 recommendations: 1. Confirm that the enforcement basis has taken effect and handle the relevant certificates; 2. Check the application deadline for enforcement; 3. Provide as detailed property clues as possible, including real estate, vehicles, accounts, equity, and intellectual property; 4. Apply for inquiry and control measures; 5. Submit written opinions in a timely manner in response to third-party objections; 6. Assess whether it is necessary to add additional defendants or change the enforcement subject. Legal basis: - The Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022) regarding enforcement procedures, property inquiry and control, and enforcement objections; - The Supreme People's Court's "Provisions on Several Issues Concerning the Handling of Enforcement Objections and Review Cases by People's Courts"; - The Company Law and related judicial interpretations regarding shareholders' investment responsibilities; - Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the effectiveness of enforcement mainly depends on the availability of property clues, and simply submitting an application has limited effect. Secondly, objections from third parties are a common delaying tactic, and responses must be provided in writing within the statutory time limit. Thirdly, shareholders' investment responsibilities are an important way to break through enforcement difficulties, but the accelerated maturity conditions must be legally substantiated. Fourthly, the enforcement rules for special properties such as resettlement housing differ from those for ordinary real estate, and require separate analysis. Fifthly, terminating this enforcement does not mean giving up rights. Applications for resuming enforcement can be made after property clues are discovered. Sixthly, attention should be paid to the application period for enforcement to avoid losing rights due to exceeding the time limit.Financial capital and cross-border transactions involving foreign entitiesThe asset verification approach in the column can be used for reference.

VI. Frequently Asked Questions

Q1: What can I do if I can't get the money after winning the lawsuit?

There are several approaches that can be taken. Firstly, provide the court with clues to the debtor's assets and apply for inquiries and investigations, including real estate, vehicles, bank accounts, company equity, etc. Secondly, assess whether there are circumstances of transferring assets or evading enforcement, and if necessary, hold the relevant parties accountable. Thirdly, study the shareholders' investment responsibilities. If the shareholders of the debtor company have not paid their subscribed capital in full, they can legally claim that the shareholders should bear responsibility within the scope of their unpaid capital. Fourthly, pay attention to objections from third parties and respond promptly to avoid the suspension of enforcement. Fifthly, apply for the resumption of enforcement when the conditions are met.

Q2: What materials are required to apply for enforcement?

Generally, it is necessary to submit an enforcement application, a legally effective document or a mediation agreement, a certificate of effectiveness, the applicant's identity materials and the identity information of the person subject to enforcement, as well as as much detailed information as possible about the property clues. The enforcement application should state the enforcement request, the facts and reasons, and clearly specify the specific obligations that the person subject to enforcement should fulfill. Although the property clues are not a necessary condition for applying for enforcement, they will directly affect the court's investigation and control efforts. Therefore, it is recommended to provide as much detailed information as possible, including addresses, vehicle identification information, account clues, and equity ratios, and if necessary, apply for an investigation order or inquiry measures.

Q3: If the debtor owns a public housing unit, can it be executed against him/her?

This requires a detailed analysis. Resettlement housing often involves the separation of the rights and interests of the resettled persons from the personal debts of the evicted persons. In practice, there is room for the resettled persons to raise execution objections on the grounds that they do not have a common property relationship with the executed persons. If the resettled persons are not the executed persons themselves, or the resettlement agreement clearly stipulates the ownership of the rights and interests, there is some basis for claiming to exclude the execution. In practice, the court usually reviews the signing subjects of the resettlement agreement, the stipulations on the ownership of the rights and interests, and the implementation of the resettlement. Therefore, it is recommended to evaluate the execution risks at the execution stage to avoid causing unnecessary procedural repetitions.

Q4: If a shareholder has not made the actual payment of the investment, can the company ask the shareholder to repay the money?

It is possible under certain conditions. In judicial practice, when a company is unable to repay its due debts, it can claim that the shareholders' investment period should be accelerated, and then the shareholders should bear supplementary compensation liability for the company's debts within the uninvested scope. However, it should be noted that this requires going through appropriate procedures: first, obtaining a legally effective legal document against the company and confirming that the execution is impossible, and then filing a lawsuit against the shareholders' liability for damaging the company's creditors' interests according to law. The court will review whether the statutory circumstances for accelerated maturity exist. In addition, if the shareholders engage in such acts as withdrawing their investments or abusing the independent status of the legal person, these acts can also be used as the basis for claiming liability.

Q5: The executor keeps saying there's no money. Can this situation be resolved?

The court may decide to terminate this enforcement procedure, but this does not mean that the debt has been extinguished. After the termination of enforcement, once it is found that the debtor has property available for enforcement, the creditor may apply to the court to resume enforcement, and if necessary, may also apply to add the debtor or change the enforcement subject. Therefore, when the enforcement is stagnant, it is necessary to actively provide clues to the property rather than passively waiting. At the same time, it is necessary to evaluate the issue of statute of limitations and cost-effectiveness, so as to avoid losing interest in the clues to the property due to long-term fruitless efforts.Creditor's rights and debts, and enforcementThe column can provide further explanations of the implementation path.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or 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, 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.