[Direct answer]In the Beijing area, to apply for the registration of an enforcement case, several basic conditions must be met: first, there must be an effective legal document, such as a judgment, mediation agreement, arbitration award, or notarized creditor's instrument; second, the obligation period specified in the document has expired and the debtor has not fulfilled it; third, the application for enforcement must be within the statutory time limit. The period for applying for enforcement is two years, starting from the last day of the performance period specified in the legal document; fourth, the application for enforcement, the effective document, identity proof, and property clues must be submitted to the court with jurisdiction (usually the court of first instance or the court of the same level as the court of first instance where the enforced property is located). According to the relevant provisions of the Civil Procedure Law of the People's Republic of China (effective January 1, 2024), the application for enforcement should submit documents and explain the debtor's property status. It is recommended to sort out the documents and property clues as soon as possible, consult professional lawyers in time, and refer to similar issues for reference.Creditor's rights and debts, and enforcement casesColumn.

I. Problem background and typical scenarios

These types of problems are common in several situations: First, the creditor holds a successful judgment but doesn't know how to initiate enforcement, fearing that the application period will expire; Second, the materials for filing an enforcement case for a mediation agreement, arbitration award, or notarized creditor's instrument are incomplete and are returned; Third, after the judgment takes effect, the debtor delays performance, and the creditor is eager to apply for property investigation and control; Fourth, the company being enforced has no assets, and the creditor wants to add unpaid shareholders but doesn't know the filing path; Fifth, after the parties agree to repay the loan in installments, the other party breaches the contract, and the creditor needs to apply for compulsory enforcement for the remaining amount. When handling similar cases in Beijing, we usually first verify the effective time of the document and the performance period, and then prepare the materials for filing and property clues. For contract disputes, you can refer to the relevant provisions.Business and contract disputes in enterprisesColumn; for those involved in real estate disposal, you can refer to it for reference.Real estate transactions and construction projectsColumn.

II. Key points of contention

The key points of dispute mainly include: First, whether the application for enforcement has expired, and the starting point of the two-year period and the rules of interruption and suspension often become the focus of attention; Second, whether the legal document has taken effect, and whether the appeal period, service and proof of effectiveness are complete; Third, how to choose the jurisdictional court, and the connection between the court where the property is located and the court of first instance; Fourth, the adequacy of property clues. Even if there is no clear property, a case can be filed, but it will affect the enforcement effect; Fifth, whether it is possible to apply for adding the debtor at the same time, such as unpaid shareholders and the mixing of property of a single-person company; Sixth, whether it is possible to apply for accelerated enforcement of the remaining amount after the breach of contract in the mediation and installment payment. The specific determination shall be based on the currently effective laws, regulations and judicial rulings.

III. Professional analysis by Henglue Lawyers

Judging from the real cases handled by our firm, the connection between the execution of a lawsuit and subsequent recovery is crucial. Take the shareholder liability dispute for damaging the interests of the company's creditors represented by Attorney Yuan Hang of our firm as an example. In the intermediary contract dispute between Ma * and A Company, the court ruled that Ma * should return more than 420,000 yuan. However, after the enforcement, the execution was terminated because A Company had no assets. Attorney Yuan Hang investigated and found that shareholders Liu * and Zhang * failed to pay the subscribed capital of 9 million yuan and 1 million yuan respectively. According to the "Memorandum on Civil and Commercial Trials of the National Court Conference" and the judicial interpretation of the Company Law, the court ruled that the subscribed capital should be accelerated to maturity, and ultimately held Liu * and Zhang * liable for supplementary compensation within the scope of their unpaid capital. Taking the loan mediation case of 860,000 yuan represented by Attorney Tian Jiaoyan of our firm as another example, the parties reached an agreement to repay 830,000 yuan in four installments, and agreed that any party in breach of the agreement would have the right to apply for enforcement of the remaining amount, providing a guarantee for subsequent enforcement. These cases show that the filing of a lawsuit is just the starting point. The availability of asset clues and additional recovery paths determine the success of recovering payments. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Practical advice: First, confirm that the document has taken effect and prepare the certificate of effectiveness and the receipt of service; Second, calculate the time limit for applying for enforcement and make sure to file the application within two years. For more details, please refer to the relevant guidelines.Special services and other cases1. The first step is to file an application for enforcement with the court of first instance or the court where the property to be enforced is located, along with a copy of the enforcement document, identity proof, and property clues. 2. The second step is to submit a request for enforcement to the court of first instance or the court where the property to be enforced is located, along with a copy of the enforcement document, identity proof, and property clues. 3. The third step is to submit an application for enforcement to the court of first instance or the court where the property to be enforced is located, along with a copy of the enforcement document, identity proof, and property clues. 4. The fourth step is to provide as much property clues as possible, such as bank accounts, real estate, vehicles, and equity, to improve the efficiency of investigation and control. 5. If it is discovered that the shareholders have not paid in full or there are situations such as property confusion, materials for adding the parties to be enforced should be prepared simultaneously. In terms of legal basis, the Civil Procedure Law of the People's Republic of China (effective January 1, 2024) stipulates the time limit and jurisdiction for applying for enforcement; the Supreme People's Court's Interpretation on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement (effective January 1, 2021) clarifies the circumstances of adding unpaid shareholders; and the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Company Law of the People's Republic of China (III) involves the shareholders' investment responsibilities.

5. Henglue Law Firm's Reminder

Henglue Law Firm reminds you: First, the application period for enforcement is two years, starting from the expiration of the performance period. Please don't lose your rights due to delay; Second, the absence of assets doesn't mean there's no hope. After terminating this enforcement, if new clues are found, the enforcement can be resumed, and the unpaid shareholders can also be added as defendants; Third, it's necessary to stipulate a clause on accelerated maturity in the mediation installment agreement, so as to facilitate the enforcement of all remaining applications; Fourth, the more specific the property clues are, the faster the investigation and recovery will be; Fifth, arbitration awards and notarized creditor's instruments can also be applied for enforcement, but they must meet the acceptance conditions. It is recommended to sort out the documents and clues as soon as possible and consult professional lawyers. 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: Is it guaranteed that the case filing will be successful?

The threshold for filing a case is not high, but whether it can proceed smoothly depends on whether all the conditions are met. There must be an effective legal document, the performance period has expired and the obligation has not been fulfilled, it is within the two-year application period, and the materials should be submitted to the court with jurisdiction. Generally, the case should be filed. If the document is not effective, overdue, or the jurisdiction is wrong, the case may not be filed or returned for correction. If the company has no property, it can first file a case and then terminate the enforcement. Subsequently, if it is found that the shareholders have not paid in full or new clues to the company's property are discovered, the enforcement can be resumed or the number of defendants can be increased. It's not completely hopeless.

Q2: What materials are required to apply for the execution of a lawsuit?

The following materials should be prepared: an application for enforcement, stating the enforcement request and the clues to the property; effective legal documents and their proof of effectiveness, and the receipt of service; the identity certificates of the applicant for enforcement and the person subject to enforcement; clues to the property of the person subject to enforcement, such as bank account numbers, real estate, vehicles, and equity information; and, if there is a power of attorney, the authorization letter and a letter from the law firm should be submitted. Completing all these materials can improve the efficiency of case filing. If an arbitration award or a notarized creditor's instrument is applied for enforcement, the corresponding originals and acceptance materials must also be submitted.

Q3: How much does it cost to apply for enforcement of a judgment?

The application for enforcement itself does not require the applicant to prepay the case acceptance fee. The enforcement fee shall be borne by the party subject to enforcement, and the court will collect it after the enforcement is completed. The attorney's fee shall be negotiated based on the amount of the subject matter and the difficulty of the case, without a unified standard. If it is necessary to investigate the party's assets or add the party subject to enforcement, corresponding fees may be incurred. The specific amount should be evaluated based on the creditor's amount, whether it involves adding shareholders and the difficulty of finding assets. It is recommended to first make a preliminary judgment on the repayment path, and then determine the budget and plan.

Q4: How long does it usually take from filing a lawsuit to receiving the money?

The filing of a case and the investigation of assets are usually relatively quick. Generally, the court will issue an enforcement notice and conduct online asset investigation within the statutory time limit after the case is filed. If the debtor has sufficient deposits, the funds may be deducted within a short period of time; if there are no assets, the case will easily enter the stage of terminating the current enforcement, and the recovery period is uncertain. Adding unpaid shareholders and resuming enforcement require separate procedures, which may take several months to several years. The key is to provide specific clues about the debtor's assets and pay attention to the shareholders' investment situation, so as to increase the chances of recovering the debt.

Q5: If the other party fails to fulfill their obligations after the judgment takes effect, how can I apply for enforcement?

The first step is to confirm that the document has taken effect and the performance period has expired. The second step is to submit the application for enforcement and relevant materials to the court of first instance or the court where the property is located within two years. The third step is to provide as much information as possible about the debtor's assets, including bank accounts, real estate, vehicles, and equity. The fourth step is for the court to file a case, conduct online verification and control, and impose restrictions on high-consumption and inclusion in the list of defaulters. The fifth step is to terminate the enforcement if no assets are found, and resume the enforcement if any clues are discovered later, or to add unpaid shareholders to the enforcement list. You can refer to similar enforcement cases handled by our firm and entrust a lawyer to intervene as soon as possible.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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 Henglue 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.