[Direct answer]In the Beijing area, to apply for enforcement, the applicant needs to submit to the court the application for enforcement, the effective legal documents (judgments, mediation agreements, or arbitration awards), the applicant's identity proof, and the clues to the debtor's property, among other materials. According to Articles 243 and 253 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023), civil judgments and rulings that have legal effect must be performed by the parties. If one party refuses to perform, the other party may apply to the people's court for enforcement. The period for applying for enforcement is two years, starting from the last day of the performance period specified in the legal document. After the court accepts the application, it will issue an enforcement notice to the debtor and take measures to investigate and control the debtor's property. Lawyers can assist in organizing materials, searching for property clues, and advancing the enforcement process. For similar issues, please refer to the above content.Creditor's rights and debts, and enforcement casesColumn.

I. Problem background and typical scenarios

Such needs are commonly encountered in several situations: First, after the judgment or mediation agreement takes effect, the other party refuses to perform its obligations, and the right holder applies for compulsory enforcement; Second, if the mediation agreement stipulates installment payments, and the other party defaults on any installment, the applicant may apply for compulsory enforcement of the remaining payments; Third, if the judgment is in favor of the applicant but the company has no assets, the applicant may wish to add the shareholders as defendants or locate hidden assets; Fourth, if the arbitration award or notarized creditor's instrument needs to be enforced by the court; Fifth, if the other party transfers property during the enforcement process, the applicant needs to protect their rights through a lawsuit challenging the enforcement. When handling such cases in the Beijing area, we usually first verify the effective time of the document and the performance deadline, and then prepare the materials for filing. For cases involving property investigation and our firm's handling experience, you may refer to it for reference.Special services and other casesThe implementation guidelines of the column.

II. Key points of contention

Focus One: Grasping the application deadline for enforcement. The two-year period starts from the expiration of the performance period. Failure to comply with the deadline may result in the loss of rights. Focus Two: Ensuring the completeness and formality of materials. Missing proof of effectiveness or identity documents may lead to the return of materials for correction. Focus Three: Providing property clues directly affects the efficiency of investigation and control. Focus Four: Responding when the debtor has no assets, such as adding unpaid shareholders or investigating transferred assets. Focus Five: Connecting enforcement objections with enforcement objection litigation, involving third-party relief or creditor remedies. Focus Six: How to enforce accelerated maturity clauses for installment defaults. Specific determinations shall be based on current effective laws, regulations, and judicial rulings. Relevant contract and creditor disputes may be referred to for reference.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Lawyers

Taking a civil loan dispute represented by Attorney Tian Jiaoyan of our firm as an example, we can clearly see the design of mediation installment payments and forced execution guarantees. The plaintiff, Xiao Li, is an operator of a lottery shop. Since 2017, Xiao Zhang, a villager, has frequently purchased lottery tickets from her. From the beginning of 2019 to the end of 2023, Xiao Zhang borrowed money from her multiple times to purchase lottery tickets. Additionally, Xiao Zhang borrowed money on the grounds of his child's illness, project payments, and rent, but failed to repay the loans and issued multiple promissory notes. Xiao Li entrusted our firm's lawyers to represent her and requested the return of the principal of 861,990 yuan, the overdue interest (based on the principal of 861,990 yuan, calculated at the benchmark interest rate of the loan market from August 15, 2023 to the actual payment), and the litigation fees. Through court mediation, the parties reached an agreement that the defendant would repay the principal of 830,000 yuan in installments (in four installments from September 2024 to December 2025), and that if any installment was breached, Xiao Li would have the right to apply for forced execution of the remaining unpaid amounts. The mediation acceptance fee of 6,050 yuan would be borne by Xiao Li and paid by Xiao Zhang within a specified timeframe. This case shows that before applying for forced execution, it is necessary to ensure that the legal documents are clear, the breach of contract clauses are enforceable, and the property clues and accelerated maturity agreements are guarantees for recovering the debt. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action proposal: First, prepare an application for enforcement, stating the enforcement basis, requests, and property clues. You can refer to the relevant text points for referenceSpecial services and other cases1. The first requirement is to provide the original or a copy of the effective legal document and the proof of its effectiveness, as well as the applicant's identity certificate. 2. The second requirement is to provide as much information as possible about the debtor's assets, such as bank accounts, real estate, vehicles, and equity, in order to improve the efficiency of asset investigation and seizure. 3. For cases involving installment payments, it is necessary to retain evidence of the debtor's breach of contract and apply for enforcement of the entire remaining amount based on the accelerated maturity clause. 4. When the debtor has no assets, it is necessary to investigate the debtor's shareholder contributions and clues related to the transfer of assets, and if necessary, add the debtor as a defendant. 5. Regarding legal basis, Articles 243 and 253 of the Civil Procedure Law of the People's Republic of China stipulate the application and time limit for enforcement; the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates the registration of enforcement cases and asset investigation; and the Regulations of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (Trial) clarify the requirements for enforcement materials and procedures.

5. Henglu Law Firm's Reminder

Risk warning: Firstly, there is a two-year time limit for applying for enforcement, which starts from the expiration of the performance period. Please make sure not to exceed the time limit. Secondly, if the materials are incomplete, they will be returned for correction. Before filing the case, you should check the effective proof and identity materials. Thirdly, the more specific the property clues are, the faster the recovery of the funds will be. You should actively search for them before applying. Fourthly, if the parties agree to mediate and pay in installments, they must stipulate a clause on accelerated maturity in the event of default, otherwise, the enforcement will only be carried out on the part that has matured. For property enforcement cases, you can refer to the relevant provisions.Real estate transactions and construction projectsOutput: A description of the handling of the column. It is recommended to entrust a professional lawyer to sort out the materials and clues as soon as possible.

VI. Frequently Asked Questions

Q1: What materials are required to apply for enforcement?

The core materials include: an enforcement application, stating the enforcement basis, the requested matters, and the property clues; the original or copy of the effective legal documents (judgments, mediation agreements, and arbitral awards) and the proof of effectiveness; the identity certificate of the applicant for enforcement (such as the natural person's ID card and the legal person's business license); the identity information of the respondent; and as detailed property clues as possible, such as bank account numbers, real estate, vehicles, and equity information. Some courts also require a confirmation letter of the service address. If the materials are complete, it can avoid being returned for correction and speed up the filing and investigation and control of the case.

Q2: What evidence do I need to collect to apply for enforcement of a judgment?

The following items should be collected: legal documents that have taken effect and exceeded the performance period, together with proof of their effectiveness, to demonstrate the basis for enforcement; evidence of the debtor's property clues, such as real estate certificate numbers, bank account numbers and account information, vehicle license plate numbers, and equity registration; evidence of the debtor's acts of transferring property or evading enforcement, such as gratuitous transfers and records of transactions at obviously low prices; and evidence of breach of contract in cases of mediation and installment payments, such as proof of failure to make payments on time. These items are used to prove the fulfillment of enforcement conditions and the availability of enforceable assets, which are the foundation for recovering payments.

Q3: How much does it cost to apply for enforcement of legal fees?

The fees include attorney fees and enforcement application fees. The attorney fees are negotiated based on the amount of the subject matter, the workload, and the difficulty, and there is no uniform standard. The enforcement application fees are charged by the court according to the proportion of the enforcement amount, and are borne by the respondent, with no need for the applicant to make an advance payment. If it involves adding shareholders or enforcement objection lawsuits, the fees will be calculated separately. The specific amount should be assessed based on the amount of the creditor's claim and the difficulty of locating the assets. It is recommended to first make a preliminary judgment on the materials and clues before determining the plan.

Q4: How long does it usually take to receive the money after applying for enforcement?

The court generally files a case within seven days. After the case is filed, the court will search for the debtor's assets through the online investigation and control system. If the debtor has sufficient assets, the funds can be allocated within a few months; if the debtor needs to auction off real estate or vehicles, the process usually takes more than half a year to over a year. If the debtor has no assets, the case may be terminated. If new clues are found, the enforcement can be resumed. For cases where the debtor defaults on installment payments and the maturity is accelerated, the court will enforce all remaining debts according to the agreement. The key lies in obtaining sufficient and continuous clues about the debtor's assets.

Q5: What should I do if the other party has no assets to enforce against?

There are several measures that can be taken simultaneously: First, apply to the court for investigation and control, and list the debtor as a person of dishonesty and restrict his/her high-consumption behavior; Second, investigate whether the shareholders have paid the registered capital in full, and where the conditions are met, require the shareholders who have not paid the registered capital in full to bear supplementary compensation liability; Third, find clues of the debtor transferring or hiding his/her property, and recover the funds through actions of right of rescission or execution objection; Fourth, monitor the debtor's income and due claims. By combining the investigation strategies of professional lawyers, the possibility of recovering the payment can be enhanced.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 limits. →Legal services for creditor-debtor disputes·Attorney Tian Jiayan·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 you encounter disputes, please consult a practicing lawyer in time.