[Direct answer]In the Beijing area, after a judgment, mediation agreement, or other legal document takes effect in a civil lending dispute, the creditor may apply to the court with jurisdiction for enforcement. 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), the period for applying for enforcement is two years, calculated from the last day of the performance period specified in the legal document. To apply for enforcement, generally, the following materials are required: the effective legal document, proof of effectiveness, application for enforcement, and clues to the debtor's assets. During the enforcement phase, the court may apply to investigate and control the debtor's real estate, vehicles, bank deposits, equity, and payments, and apply for corresponding measures if the debtor is found to evade enforcement. It should be noted that the effectiveness of enforcement highly depends on the clarity of the clues to the debtor's assets, so the investigation of assets should be initiated as early as possible. Specifically, please refer to the currently effective laws and regulations and judicial rulings for details.Creditor's rights and debts, and enforcementThe service description in the column.

1. Problem background and typical scenarios

Most of those who consult this issue are creditors who have already obtained effective legal documents but have not yet received the money. There are three common situations: First, the other party still fails to perform after the judgment of winning the lawsuit takes effect, and the creditor needs to apply for enforcement; Second, the other party refuses to perform even though the conditions for installment performance stipulated in the mediation agreement have been fulfilled; Third, the creditor is worried that the rights will be damaged if the enforcement period is exceeded. In practice, the most common problem is the lack of property clues - the scope of investigation and control by the court is limited. If the debtor has transferred the property in advance or there is no registered property under his/her name, the enforcement effect will be significantly limited. Therefore, it is a more effective strategy in practice to investigate property clues and consider property preservation simultaneously during the litigation stage.

II. Key points of dispute

First, whether the scope of application and the content of the legal documents that have taken effect are clear. Second, the starting point and calculation of the application period for enforcement. Third, the provision of clues to the debtor's assets and the application for investigation and control. Fourth, the connection between property preservation and enforcement procedures. Fifth, the identification and response to the debtor's evasion of enforcement actions. Sixth, the application circumstances of adding the debtor to the enforcement list. Seventh, the termination and resumption of enforcement when the debtor has no assets available for enforcement. Eighth, the distribution of enforcement funds and the issue of priority compensation. The progress of the enforcement process can be referred to for reference.Special services and other casesThe description of the column.

III. Professional analysis by Henglue Law Firm

Take an enforcement objection case handled by lawyers from our firm as an example: The applicant for enforcement and the respondent once settled the case through mediation, where the respondent was required to repay the loan but failed to do so on time. The applicant then applied for forced enforcement against a property owned by the respondent. The third party raised an enforcement objection on the grounds that the property was purchased under the respondent's name as a borrowed identity and that they were the actual owner, seeking to suspend the enforcement. The first-instance court accepted the third party's argument and ruled to suspend the enforcement. The applicant for enforcement disagreed and appointed a lawyer to appeal. The lawyer's core argument was that the third party's claim of purchasing the property under a borrowed name required proof of the existence of a borrowed name agreement. Simply relying on the fact of providing funds or actual residence was insufficient to challenge the effective legal documents and registration status. Moreover, the third party did not raise objections at the time of purchasing the property, and their claim lacked supporting evidence. The second-instance court adopted this argument, corrected the first-instance ruling, and allowed the enforcement of the property. This case shows that disputes in the enforcement stage often focus on the third party's rights claims, and there are obvious differences in the evidentiary threshold and the determination of property ownership. This case was handled by Beijing Henglu Law Firm.Wu JianiThe attorney (practice certificate number: 11101202011245064, 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 legal document has taken effect and obtain a certificate of effectiveness; 2. Check whether the application for enforcement falls within the statutory time limit; 3. Gather clues to the debtor's assets, including real estate, vehicles, bank accounts, equity, and business operations; 4. Submit the application for enforcement and supporting evidence; 5. Simultaneously apply for investigation and control of the debtor's assets and provide clues to their assets; 6. If the debtor attempts to evade enforcement, promptly apply for restrictive measures; 7. If the debtor has no enforceable assets, monitor the resumption of enforcement after the termination of enforcement. Legal basis: - The Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024) regarding the application period for enforcement, enforcement procedures, and termination of enforcement; - Article 675 of the Civil Code of the People's Republic of China (effective January 1, 2021); - The Supreme People's Court's Interpretation on Issues Concerning the Handling of Enforcement Objections and Review Cases by People's Courts (based on the current effective version); - Specific provisions of currently effective laws, regulations, and judicial rulings shall prevail.

5. Henglue Law Firm's Advice

First, the enforcement application period is two years. Missing this deadline will result in the loss of the right to apply for enforcement. Second, the clarity of property clues directly determines the effectiveness of enforcement, so it is necessary to investigate them as early as possible. Third, during the litigation stage, property preservation should be considered to avoid the situation where the property has been transferred after the judgment takes effect. Fourth, if objections are raised by third parties during enforcement, legal action (such as filing an objection lawsuit or appealing) should be taken to resolve the issue rather than passively accepting the suspension of enforcement. Fifth, if the debtor has no assets available for enforcement, an application for terminating enforcement can be made in accordance with the law, retaining the possibility of resuming enforcement in the future. Sixth, when applying for enforcement, it is necessary to provide specific property clues as much as possible to avoid the failure of investigation and control due to unclear clues. Seventh, if there are multiple debtors, an application can be made jointly, but attention should be paid to the scope of their respective assets. Eighth, when there are practical difficulties in completing enforcement, a rational assessment of the costs and timeframes should be conducted. Ninth, when multiple debtors exist simultaneously, an application can be made jointly, but it is still necessary to verify the scope of their respective assets and liability shares.

VI. Frequently Asked Questions

Q1: Can I apply for forced execution after a civil loan judgment takes effect?

Yes. After the judgments, mediation agreements, and other legal documents take effect, if the obligors fail to perform their obligations on time, the creditors may apply to the court with jurisdiction for enforcement. To apply for enforcement, the creditor needs to submit the effective legal documents, the certificate of effectiveness, the application for enforcement, and the clues to the debtor's property, among other materials. After the court accepts the application, it will investigate and control the debtor's property according to law and take corresponding measures. The effectiveness of the enforcement depends on the clarity of the clues to the debtor's property.

Q2: What is the deadline for applying for enforcement?

Generally, the time limit is two years, calculated from the last day of the performance period specified in the legal document; if the legal document stipulates performance in installments, it shall be calculated from the last day of each specified performance period; if no performance period is specified, it shall be calculated from the date the legal document takes effect. It should be noted that if there are circumstances of suspension or interruption, the corresponding period can be deducted or recalculated. It is recommended to submit the application in time within the time limit and not to delay it because of waiting for the other party's response.

Q3: Is it necessary to provide clues to the debtor's assets when applying for enforcement?

It is highly recommended to provide such information. The court can, on its own initiative, use the online inquiry and control system to check for properties, vehicles, deposits, and securities, etc. However, offline registrations, undisclosed assets, and transferred properties are often difficult to locate through the system. Providing specific clues (such as the location of the house and the real estate unit number, the vehicle license plate number, the account opening bank and name) can significantly improve the efficiency of enforcement. Therefore, it is necessary to investigate property clues simultaneously during the litigation stage and submit them together with the application for enforcement.

Q4: If the person subject to enforcement has no property, can they still be pursued for enforcement?

You can continue to pursue the case. If the court cannot locate the debtor's assets, it may rule to terminate the current enforcement procedure. After the termination, if the debtor's enforceable assets are discovered, the creditor may apply for resuming the enforcement. Therefore, it is recommended to keep the effective documents and application records, and continue to monitor the debtor's asset changes and operating conditions. Property preservation during the litigation stage is also of practical significance, which can effectively prevent the debtor's assets from being transferred in advance.

Q5: If a third party claims that the property in question belongs to him, can this prevent the execution of the judgment?

If a third party raises an objection, the enforcement court shall review it and rule to suspend the enforcement if the objection is well-founded. In practice, if a third party claims that the property was purchased under a borrowed name, they need to prove the existence of an agreement to purchase under a borrowed name. Simply providing evidence of the investment or actual residence is usually not enough to challenge the registration status and effective legal documents. If the applicant for enforcement is not satisfied with the ruling, they may file a lawsuit challenging the enforcement objection or apply for a review to the higher court to seek redress through litigation. For related legal protection strategies, please refer to the following materials for reference:Special services and other casesThe description in the column.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits. →Legal services for creditor-debtor disputes·Attorney Wu Jiani·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current 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.