[Direct answer]In the Beijing area, during the enforcement process, the people's court has the right to search the debtor and their residences or property hiding places in accordance with the law. According to Article 252 of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021), if the debtor fails to fulfill the obligations specified in the legal documents and hides their property, the people's court has the right to issue a search warrant and conduct a search of the debtor and their residences or property hiding places. The search must be authorized by the court president, and a search record must be prepared. Seized and detained property shall be listed in an inventory. In practice, the court usually takes this measure when online searches are unsuccessful and there are clues indicating that the debtor is hiding their property. If the debtor refuses to cooperate, they may face fines, detention, or even prosecution for refusing to enforce judgments and rulings. It is recommended that the applicant for enforcement actively provide clues to the debtor's property and refer to the relevant provisions of the law for further action.Creditor's rights and debts, and enforcement casesThe column provides an understanding of the execution path.

1. Problem background and typical scenarios

Such disputes often arise in several situations: First, the court fails to find sufficient deposits or real estate through online investigation and control, but the applicant for enforcement reports that the debtor hides cash and valuables at home and requests a search of his residence; Second, the debtor's residence also serves as a place of business and residence, and the two parties disagree on whether a search can be conducted; Third, the debtor transfers his property to his relatives' residence, and the applicant for enforcement requests the court to search the hidden property together; Fourth, during the search, the debtor's hidden account books and contracts are found, leading to clues such as false investment; Fifth, the debtor blocks the search on the grounds that the residence is the property of a third party, and the court needs to first verify the ownership. When handling such cases in Beijing, the court usually first fixes the clues of the debtor's hidden property, then decides whether to initiate the search procedure on its own authority or upon application, and, if necessary, combines the execution investigation to verify the whereabouts of the property. The relevant procedures can be referred to for reference.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

Focus One: The conditions for initiating a search must include reasonable clues that the debtor is concealing property, and a search warrant must be issued by the court director. A search cannot be conducted solely based on suspicion. Focus Two: The scope of the search is limited to the debtor and their residence or property-concealment locations. If the search involves the residence of a third party, the ownership of the property must be clarified first. Focus Three: Search procedures must be standardized, including a search warrant, a search record, and witnesses present. Seized property must be inventoried. Focus Four: The consequences for debtors who refuse to cooperate include fines and detention, and serious cases may involve charges of refusing to execute judgments. Focus Five: Disposition of property seized during the search, and how to convert it into cash for repayment after being sealed and seized. Focus Six: Coordination with subsequent actions to add debtors to the list and investigate their responsibility for refusing to execute judgments. Specific determinations shall be based on current laws, regulations, and judicial rulings. Relevant contract and property disputes may be referred to for reference.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Law Firm

From the practical experience of the lawyers handled by our firm, locating hidden assets during enforcement is a key step in fulfilling creditor's rights. Searching is just one of the methods. More commonly, we use property investigation orders, industrial and commercial archives, and bank transaction records to restore the true property status. Taking an enforcement case handled by our firm as an example, Ma * and A Company had a dispute over an intermediary contract. The effective judgment ordered A Company to return the intermediary service fee of 423,500 yuan. After enforcement, A Company had no property available for enforcement, and the court ruled to terminate the enforcement. After our lawyers intervened, they did not stop at the final enforcement stage, but further investigated and found that A Company's shareholders, Liu * and Zhang *, had not paid their registered capital in full. The registration period for both of them ended on September 23, 2039. There were no records of actual payment in the industrial and commercial archives. Based on the "Memorandum on Civil and Commercial Trial Work of the National Courts" and the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China (III)", our lawyers argued that A Company, as the debtor, had exhausted all means of enforcement without any property and had met the conditions for bankruptcy but failed to apply for bankruptcy. They then initiated a lawsuit against the shareholders for damaging the interests of the company's creditors, and ultimately ordered Liu * to bear supplementary compensation liability within the scope of unpaid registered capital of 9 million yuan, and Zhang * to bear supplementary compensation liability within the scope of unpaid registered capital of 1 million yuan. This case shows that during enforcement, we must exhaust all means of property investigation and, when necessary, use search methods to locate hidden asset clues in order to effectively promote the realization of creditor's rights. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, the applicant for enforcement should actively collect clues about the debtor's concealed assets, such as their residential address, suspected places where the assets are stored, and frequently visited locations, and submit them to the court in a timely manner; Second, understand that the search must be conducted with a search warrant issued by the court president, and can apply to the court to take this measure in accordance with the law; Third, when conducting the search, require the court to make a transcript and a list to ensure that the procedure is standardized; Fourth, if the search reveals situations such as shareholders not making actual payments or transferring assets, promptly evaluate the path of adding the debtor or holding them accountable in a separate case. The relevant procedures can be referred to for reference.Special services and other cases1. Column; 2. If the person subject to enforcement refuses to cooperate, we will legally claim fines, detention, or even prosecute them for refusing to fulfill their obligations. 3. In terms of legal basis, Article 252 of the Civil Procedure Law of the People's Republic of China stipulates the conditions and procedures for searches; the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China clarifies the enforcement investigation measures; and for those who refuse to fulfill effective legal documents, we can hold them accountable in accordance with relevant sanction provisions.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, the search is not initiated at random. It requires reasonable clues of hidden assets and a search warrant issued by the court director. Blind applications are unlikely to gain support. Secondly, the scope of the search is limited to the debtor and their residence or property hiding places. If the property of third parties is involved, the ownership of the property should be clarified first to avoid procedural flaws. Thirdly, the search is just a means of discovering assets. To truly enforce the creditor's rights, it is necessary to follow up with seizure, attachment, sale and distribution. Fourthly, when discovering clues such as false shareholder contributions and property transfers, it is necessary to simultaneously evaluate whether to add the debtor to the list of defaulters or to hold them accountable for refusing to perform their obligations. For the investigation of the responsibilities of related companies, reference can be made to the relevant provisions.Business and contract disputes in enterprisesThe column. It is recommended to fix the clues as soon as possible to avoid exceeding the time limit for exercising relevant rights.

VI. Frequently Asked Questions

Q1: Can the court search the residence of the person subject to enforcement during the execution process?

Whether the search measures can obtain court support depends on whether there are reasonable clues that the debtor is hiding his/her assets. According to Article 252 of the Civil Procedure Law of the People's Republic of China, if the debtor fails to fulfill his/her obligations, the people's court has the right to conduct a search of the debtor and his/her residence or the place where the debtor hides his/her assets, but a search warrant must be issued by the court president. If the applicant for enforcement can provide clues that the debtor stores cash, valuables, or assets at home or transfers them to other places, the court will usually initiate a search after verifying the clues; if there are only suspicions without clues, the application will be difficult to gain support. It is recommended to first fix the basis through a property investigation order and inquiries into industrial and commercial and banking information, and then apply for a search to increase the success rate.

Q2: What evidence do I need to prepare for an application for a search warrant?

To apply for a search warrant, four types of materials should be prepared: First, clues about the debtor's residence, frequented places, or suspected property storage locations, including addresses, photos, and information from informed sources; Second, evidence proving that the debtor is obligated to fulfill his obligations, such as effective judgments and enforcement rulings; Third, enforcement records showing that online searches have failed to locate sufficient assets, indicating that conventional measures are insufficient; Fourth, evidence suggesting that the property may have been transferred to relatives, such as transfer records and living usage information. These materials are used to prove the reasonable suspicion of hidden assets and are a prerequisite for the court to issue a search warrant. The more specific the clues are, the higher the likelihood of the search warrant being approved.

Q3: How much does it cost to apply for a search warrant?

The application for a court search itself does not charge the applicant any fees. According to the law, the enforcement fees shall be borne by the defendant. If the applicant hires a lawyer to assist in the investigation, draft the application, and follow up on the enforcement, the lawyer's fees shall be determined through negotiation based on the complexity of the case and the workload, and there is no uniform standard. The litigation or enforcement fees shall be collected by the court in accordance with relevant regulations, and some of them can be deducted from the enforcement funds as a priority after the enforcement is completed. The specific fees should be evaluated based on whether a property investigation order is needed and whether the defendant needs to be added as a party to the case. It is recommended to make a preliminary judgment on the evidence and path first before deciding on the budget.

Q4: How long does a search typically take?

The frequency of search measures varies depending on the circumstances. If the clues are clear and the court review goes smoothly, they may be initiated within a few weeks of the enforcement process. If it is necessary to first investigate and verify the clues or involve the identification of the property rights of third parties, the time will be extended accordingly. The overall enforcement cycle is affected by the difficulty of finding the property and the degree of cooperation from the debtor. A simple search is just one part of it. If the search uncovers new issues such as additional debtors or shareholder responsibilities, the case may enter a new trial or enforcement phase, which will take longer. The key is to submit specific clues as soon as possible to avoid procedural repetition.

Q5: How to apply for a search when discovering hidden assets?

The first step is to organize specific clues about the whereabouts of the debtor's residence and the locations where his/her assets are hidden, and submit them to the execution court. The second step is to understand that the search must be authorized by the court president and can be applied for in writing according to law. The third step is to attach the effective legal documents, the execution ruling, and the records of unsuccessful investigations when applying, to prove the suspicion of asset concealment. The fourth step is to require the court to make a transcript and a seizure list during the search to fix the discovered assets. The fifth step is to evaluate and add the debtor or investigate the debtor's refusal to execute the judgment if any shareholders have not made the actual payment or transferred assets, etc. For reference only.Beijing Henglu Law FirmA description of similar implementation experiences on the official website.

The above content is based on the judicial practice 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 about specific situations.

If you are 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 Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.