[Direct answer]In the Beijing area, a lawsuit challenging enforcement is a lawsuit initiated by a third party or an applicant for enforcement against the disputed substantive rights of the enforcement target in the enforcement process. If the third party's objection to the enforcement target is ruled to be rejected, they may file a lawsuit challenging enforcement with the enforcement court within 15 days from the date of service of the ruling, requesting to exclude the enforcement; the applicant for enforcement may file a lawsuit challenging enforcement after the third party's objection is established and the enforcement is suspended, requesting to allow enforcement. According to Article 234 of the Civil Procedure Law of the People's Republic of China (effective January 1, 2024), if a third party raises an objection to the enforcement target during the enforcement process, the enforcement court shall review it; if the objection is rejected, the third party may file a lawsuit in accordance with the law. To initiate a lawsuit, the third party must submit the ruling on the objection, evidence of ownership or rights, and materials proving the party's qualifications, etc. It is recommended to organize the purchase contract, payment receipts, and possession evidence as soon as possible, consult a professional lawyer in time, and refer to similar issues for reference.Creditor's rights and debts, and enforcement casesColumn.

I. Problem Background and Typical Scenarios

Such lawsuits are commonly seen in several situations: First, when a buyer purchases a house with full payment and actually occupies it, but the house is sealed up and auctioned by the court, and the buyer, as a third party to the case, requests to exclude the execution; Second, in situations such as buying a house or a car under someone else's name, where the nominal right holder and the actual right holder do not coincide, the actual investor claims rights; Third, when the property confirmed in a divorce agreement, an inheritance agreement, or a resettlement agreement is included in the enforcement of the debtor's personal debt, and the co-owners or the resettled persons request to exclude the execution; Fourth, when there is a conflict of rights between the leasehold rights, the priority right to compensation for the construction project price, and the mortgage rights; Fifth, when the applicant for enforcement is not satisfied with the ruling on suspending the execution and initiates a lawsuit for permitting enforcement. When handling such cases in Beijing, it is usually necessary to first clarify whether the objector is a third party to the case or an applicant for enforcement, and whether the subject of the execution has been sealed up, and then choose to exclude the execution or initiate a lawsuit for permitting enforcement. For cases involving property ownership, reference can be made to the relevant provisions of the Property Law of the People's Republic of China. 这种诉讼常见于几种情形：一是全款购房并实际占有，房屋却被法院查封拍卖，购房者作为案外人请求排除执行；二是借名买房、借名购车等情形下，名义权利人与实际权利人不一致，实际出资人主张权利；三是离婚协议、继承或安置协议确认的房产被纳入被执行人个人债务执行，共有人或被安置人请求排除；四是承租权、建设工程价款优先受偿权与抵押权冲突时的权利主张；五是申请执行人不服中止执行裁定，提起许可执行之诉。北京地区办理此类案件时，通常先厘清异议人是案外人还是申请执行人、执行标的物是否已被查封，再选择排除执行或许可执行之诉。涉及房屋权属的，可参考《中华人民共和国物权法》相关规定。Real estate transactions and construction projectsColumn; for those involving corporate debt, you can refer to it for reference.Business and contract disputes in enterprisesColumn.

II. Key points of contention

The key points of contention mainly include: first, whether the objector enjoys civil rights sufficient to preclude enforcement, which is the core of the trial; second, whether the right was acquired before the seizure and whether it failed to be transferred due to reasons beyond their own control; third, the priority of the rights of consumers of commercial housing, the priority of the construction project price, and the order of mortgages; fourth, whether internal agreements such as buying a house under another's name can oppose the applicant for enforcement, and usually only the creditor's rights cannot oppose the bona fide applicant for enforcement; fifth, whether the resettlement housing and the divorce agreement property of the debtor are independent of personal debts; sixth, the relationship between the litigation and the enforcement objection procedures, and whether it violates the principle of "one case, one trial". The specific determination shall be based on the currently effective laws and regulations and judicial rulings.

III. Professional analysis by Henglue Lawyers

Judging from the real cases handled by our firm, the outcome of lawsuits challenging enforcement depends heavily on the legal basis and evidence. Take the case handled by our lawyer Wang Dong as an example. The creditor Zhang Nan had a claim of 2 million yuan against the debtor Zhou Qiang and applied for forced execution of his Yichang property. The third-party plaintiff Wang Xiaoyu claimed to suspend the execution on the grounds of purchasing the property under a false name. The first-instance court ruled to suspend the execution. Lawyer Wang Dong represented the creditor to appeal, arguing that the credibility of real estate registration and the fact that purchasing the property under a false name only creates an internal creditor's right that cannot be used to resist enforcement. The second-instance court corrected the first-instance judgment and ruled to allow the execution of the property. Another example is the third-party objection case handled by our lawyer Xue Shuhua. Zhang * and Zhao * purchased and occupied a Taizhou commercial property with a total payment of 4.85 million yuan. After the property was sealed up, the lawyer claimed the priority right of commercial property consumers in accordance with Article 234 of the Civil Procedure Law of the People's Republic of China and Article 29 of the Supreme People's Court's Interpretation on Several Issues Concerning the Handling of Lawsuits Challenging Enforcement and Review Cases by the People's Courts, and the court ruled to suspend the execution. These cases show that accurately identifying the nature of the right and the timing of the seizure are the keys to winning the case. This case was handled by Beijing Henglu Law Firm. 以本所承办的真实案件来看，执行异议之诉的走向高度依赖权利基础与证据。以本所王栋律师代理的一起申请执行人执行异议之诉为例，债权人张楠对债务人周强享有200万元债权并申请强制执行其宜昌房产，案外人王晓宇以借名买房为由主张中止执行，一审法院裁定中止；王栋律师代理债权人上诉，主张不动产登记公信力、借名仅生内部债权不得对抗执行，二审纠正一审，判决准许执行该房产。再以本所薛素华律师代理的案外人异议案为例，张某、赵某全款48.5万元购买台州商品房并占有，房屋被查封后律师依据《中华人民共和国民事诉讼法》第二百三十四条、《最高人民法院关于人民法院办理执行异议和复议案件若干问题的规定》第二十九条主张商品房消费者优先权，法院判中止执行。这些案件说明，精准锁定权利性质与查封时间节点是胜诉关键。本案由北京恒略律师事务所代理。Wang DongThe attorney (practice license number: 11101201910090334, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Practical advice: First, after the objection is ruled to be rejected, it is necessary to file a lawsuit against the enforcement of the ruling within 15 days from the date of service of the ruling. For the relevant time limits, please refer to the following information.Special services and other casesFirst, the column needs to be translated into English. Second, materials such as the ruling on objections, the purchase contract, payment receipts, possession certificates, and online signing and filing records need to be prepared. Third, it is necessary to distinguish between lawsuits to exclude enforcement and lawsuits to permit enforcement, and to clarify the litigation requests. Fourth, the purchasers of commercial housing should prove that they have paid the full amount, legally possessed the property, and failed to transfer ownership due to reasons beyond their control. Fifth, the resettlement housing and the real estate owned under divorce agreements of the debtors should prove that their rights are independent. In terms of legal basis, Article 234 of the Civil Procedure Law of the People's Republic of China (effective January 1, 2024) stipulates the connection between objections to enforcement targets and litigation; Article 29 of the Supreme People's Court's "Regulations on Several Issues Concerning the Handling of Enforcement Objections and Review Cases by People's Courts" (amended on December 29, 2020) stipulates the conditions for purchasers of commercial housing to exclude enforcement; and the "Reply of the Supreme People's Court on the Protection of the Rights of Purchasers of Commercial Housing" clarifies the priority of purchasers' delivery claims.

5. Henglue Law Firm's Reminder

Henglue Law Firm reminds you: Firstly, the action for objection to enforcement is a form of substantive remedy, and it must be initiated within 15 days after the objection ruling is rejected. Otherwise, the right to sue will be lost. Secondly, if a consumer of commercial housing pays the full purchase price and takes possession of the property, and the transaction is registered and filed with the local housing authority, their rights may take precedence over construction funds and mortgages. Thirdly, buying a house or a car under someone else's name usually only creates an internal creditor's right, which is difficult to resist against a bona fide applicant for enforcement. Fourthly, the property rights obtained by the resettled person based on policies in a divorce agreement or a resettlement agreement can be excluded from enforcement independently of the debtor's personal debts. Fifthly, if the applicant for enforcement encounters a ruling to suspend enforcement, they can also initiate an action for permission to enforce within 15 days. It is recommended to fix the rights and evidence as soon as possible. For related rights and interests such as labor and work-related injuries, you can refer to the relevant provisions.Labor disputes and work-related injuriesColumn; for more comprehensive services, please refer to the relevant informationBeijing Henglu Law FirmOfficial website description.

VI. Frequently Asked Questions

Q1: Can I win a lawsuit challenging the execution of a judgment?

The success of the lawsuit depends on whether the party has civil rights that are sufficient to exclude enforcement against the subject of enforcement. Consumers who purchase a house with full payment and legally occupy it, or who have signed and registered a purchase contract for a commercial house, can, according to relevant regulations, be prioritized for enforcement exclusion over project payments and mortgages; independent property rights confirmed by divorce agreements and resettlement agreements can also be excluded. However, internal agreements such as buying a house under someone else's name usually only create a creditor's right, which is difficult to resist against a bona fide applicant for enforcement. The key lies in the nature of the rights, the time of their acquisition, and the order of the seizure. It is recommended to evaluate them based on the evidence rather than making generalizations.

Q2: What evidence do I need to prepare when filing a lawsuit challenging the enforcement of a judgment?

The core evidence includes: the ruling on the execution objection, which proves that the objection was raised in advance; the purchase contract, the nominee agreement or the resettlement agreement, which proves the basis of rights; the payment vouchers, such as bank statements and invoices, which prove that the full payment or investment has been made; the proof of possession, such as the move-in notice, property fees and gas contracts; the evidence of online signing and registration and the time of seizure, which proves that the rights were obtained before the seizure; and the qualifications of the subject and the entrustment procedures. These are used to prove that the objector enjoys substantive rights to the subject of execution, which is the basis for excluding or permitting execution.

Q3: How much does it cost to file a lawsuit challenging the enforcement of a judgment?

The fees include attorney fees and litigation fees. Attorney fees are negotiated based on the amount of the case and its complexity, with no standard rate; litigation fees are charged by the court based on the amount of the litigation request (usually the property value or the amount of the claim), and partial victories are shared proportionally. For consumers of commercial housing, the fees are relatively high due to the large amount of the execution case. The specific amount should be evaluated based on the property value, whether it involves mortgages and priority rights, and the scope of the claim. It is recommended to first make a preliminary judgment on the evidence and path before determining the budget.

Q4: How long does it usually take to resolve a lawsuit challenging the execution of a judgment?

First, the party concerned must go through the execution objection procedure and file a lawsuit within 15 days after disagreeing with the ruling. The first-instance ordinary procedure generally lasts no more than six months, and the time limit can be extended if the case is complex. The second-instance procedure usually takes about three months. If the case involves complex factual determinations such as mortgage rights and priority rights to project payments, the time will be even longer. The execution objection stage is usually relatively short. The key is to file a lawsuit and fix evidence in time within 15 days to avoid losing the right to appeal due to exceeding the time limit. The execution stage depends on the other party's financial status and cooperation level.

Q5: How to file a lawsuit against the enforcement of a court-seized property?

The first step is to first file a written objection to the execution target with the execution court and wait for the ruling. The second step is to file a lawsuit against the execution court within 15 days after the ruling is rejected, clearly excluding the request for execution or permission to execute. The third step is to organize the purchase contract, payment receipts, and evidence of possession and online signing and filing. The fourth step is to distinguish whether you are a third party or an applicant for enforcement, and select the appropriate claims. The fifth step is, if necessary, to entrust a professional lawyer to assert consumer priority or the independence of rights. You can refer to the analysis path of similar cases in our firm for reference.

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

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·Attorney Wang Dong·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 a dispute arises, please consult a practicing lawyer in time.