[Direct answer]In the Beijing area, if the enforcement judge delays handling the case, the creditor should first actively communicate with him and urge him in writing to take measures of investigation and disposal in accordance with the law. According to the Civil Procedure Law of the People's Republic of China and judicial interpretations, if the people's court fails to enforce the judgment within six months from the date of receipt of the application for enforcement, the applicant for enforcement may apply to the people's court at the next higher level for enforcement; for acts such as passive enforcement and selective enforcement, the applicant for enforcement may also apply to the discipline inspection and supervision department of the enforcement court, the people's court at the next higher level, or the procuratorial organ for enforcement supervision. Whether it can be promoted depends on whether the evidence of the judge's failure to perform his duties can be fixed and whether the correct supervision channels are taken. It is recommended to first sort out the progress of the case and the list of measures that have not been taken, and then urge or complain in accordance with the law. For details, please refer to the following link:Legal services for creditor-debtor disputes and enforcement cases.

I. Problem Background and Typical Scenarios

"Being sentenced but not getting the money, and the judge not being proactive" is a typical anxiety in the execution stage. Common situations include: not seeing any investigation and control actions for a long time after filing a case; failing to seal and freeze the property despite having provided clear clues about the debtor's assets; turning a blind eye to the debtor's high-consumption and property transfer; making a hasty decision on the final enforcement and failing to exhaust the investigation. Some parties, due to their lack of understanding of the procedures, can only make repeated phone calls without written records, making it difficult to prove that the judge is negligent in his duties. When encountering such situations, you can refer to the following methods for solutions:Creditor-debtor relations and enforcement case servicesEvaluate the supervision path.

II. Key points of dispute

There are three key points in pushing forward the enforcement of disputes. Firstly, whether it constitutes an overdue enforcement: if there is no substantial progress after receiving the application for enforcement for more than six months and no necessary measures are taken in accordance with the law, the applicant may apply to the higher-level court for enforcement. Secondly, whether the investigation and control are exhaustive: if the comprehensive online investigation and control are not carried out and the provided property clues are not verified before terminating the enforcement, it is considered improper performance of duties. Thirdly, the choice of supervision channels: there are applicable conditions for internal supervision by the court, the higher-level court's promotion or designation of enforcement, and the legal supervision by the procuratorial organ. For company debts, it can be combined with other measures.Business and contract dispute services for enterprisesDetermine whether it is possible to add shareholder liability.

III. Professional analysis by Henglue Lawyers

Based on the case handled by our firm, Attorney He Ningning did not wait passively when handling the loan enforcement case, but actively took action after the case was registered: drafting a compulsory enforcement application with three clear enforcement requests, submitting an online investigation and control application in accordance with Article 11, Paragraph 2 of the "Supreme People's Court's Provisions on Several Issues Concerning the Handling of Property Preservation Cases by People's Courts" (issued on November 7, 2016 and implemented on December 1, 2016), and applying for a comprehensive investigation and control of the debtor's assets, including bank deposits, WeChat and Alipay accounts, vehicles, real estate, equity, and financial products, through the National Court Online Investigation and Control System; at the same time, continuously communicating with the enforcement judge to track the progress of the investigation and control and disposal. It was this proactive follow-up and written documentation that enabled the full enforcement of the case and the recovery of the full amount of the debt. This case was handled by Beijing Henglu Law Firm.He NingningThe attorney (practice certificate number: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is the provisions on enforcement supervision and applying to the superior court for enforcement in the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024); the provisions on enforcement deadlines and supervision in the "Regulations on Several Issues Concerning the Enforcement Work of the People's Courts (Trial)" issued by the Supreme People's Court; and the provisions on enforcement application fees in the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007). Practical suggestions: Keep records of each communication step and preserve the proof of service; resolutely apply to the superior court for enforcement if the case has not been executed within six months; apply to the discipline inspection and supervision or procuratorial organs for supervision if it is indeed a case of passive enforcement; and simultaneously investigate clues of refusal to enforce.

5. Henglue Law Firm's Reminder

To promote enforcement, we cannot just rely on phone reminders. We must use written materials to document the fact that the judge has failed to perform his duties. First, list the clues that have been provided and the measures that have not been taken, then proceed in turn through internal supervision, applying to higher authorities for enforcement, and channels of procuratorial supervision. At the same time, we need to distinguish between "there are really no assets" and "neglect of enforcement". For the former, we should shift to searching for assets or adding responsible parties. For the latter, it is more suitable to file a supervision complaint. If professional assistance is needed, we can seek help from relevant institutions or professionals.Special servicesDevelop a system-driven implementation plan.

VI. Frequently Asked Questions

Q1: The enforcement judge has been neglecting his duties. Can I file a complaint or change to another court?

It's possible, but it should follow legal procedures rather than just making emotional complaints. If the court fails to enforce the judgment within six months after receiving the application for enforcement, the applicant has the right to apply to the people's court at the next higher level for enforcement. The higher-level court may order the original court to enforce the judgment within a specified time limit, elevate the enforcement level, or designate another court to enforce the judgment. For cases involving negative enforcement or selective enforcement, the applicant may also apply to the disciplinary inspection and supervision department of the enforcement court, the higher-level court, or the procuratorial organ for enforcement supervision. Complaints and supervision must be supported by written materials and delivery receipts, as oral complaints are difficult to be accepted.

Q2: What evidence do I need to prepare for a complaint against the failure to take action on a matter?

The core materials include: the application for enforcement and the court's case filing certificate, the receipt or mailing record of the submission of property clues and the application for investigation and control, the communication records with the enforcement judge (phone recordings, text messages, interview records), evidence proving that the debtor indeed has property (bank statements, real estate and vehicle registrations, high-consumption records), and a timeline showing that the case has made no substantial progress for more than six months. The goal of organizing the evidence is to prove that "clues have been provided but the court has not taken measures in accordance with the law". The more complete the materials are, the easier it will be to support the supervision or superior's enforcement application.

Q3: How much does it cost to promote the implementation of supervision or complaints?

Applying to the court for enforcement supervision and applying to the higher court for enforcement do not incur any additional fees beyond the application fee for enforcement, which is borne by the person subject to enforcement. If you hire a lawyer to assist in organizing materials, drafting supervision applications, or communicating on your behalf, legal fees will be incurred, which will be determined according to the complexity of the case and the workload, as stipulated in the engagement contract. It is recommended that you first collect evidence on your own and attempt to enforce your rights through written reminders. If this proves ineffective, you can then consider hiring a lawyer to intervene to control costs.

Q4: If the execution of a case takes a long time, how long is generally considered an excessive delay?

According to relevant regulations, cases with enforceable property should generally be executed within six months from the date of filing, and non-litigation enforcement cases should generally be executed within three months. In special circumstances, the time limit may be extended. In practice, if there are no substantive enforcement measures taken more than six months after receiving the application for enforcement and no legitimate reasons are explained in accordance with the law, the threshold for applying for enforcement to the higher court is reached. However, "exceeding the time limit" does not necessarily mean that the case will be transferred to another court. The court will comprehensively judge whether there is no property or whether the property is already being disposed of, so it is necessary to prove that the property investigation and control has not been exhausted at the same time.

Q5: If I find that the enforcement judge is dragging his feet and not handling the case, what should I do first?

It is recommended to proceed in four steps: First, organize the timeline, list the filing date, the clues that have been submitted, and the specific matters for which the court has not taken measures; Second, send a written supervision letter to the enforcement judge, requiring him to investigate and control the case according to law and provide feedback within a specified time limit, and keep the mailing and receipt certificates; Third, if there is still no substantial progress after six months, submit an application for enforcement to the higher-level people's court, requesting an upgrade or designated enforcement; Fourth, for those who are indeed passive in enforcement, apply to the discipline inspection and supervision or procuratorial organs for enforcement supervision, and provide clues of refusal to enforce if necessary. Throughout the whole process, written records should be the core focus.

The above Q&A is mainly based on the judicial practice in the Beijing area. 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 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 He Ningning·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. In case of disputes, please consult a practicing lawyer in time.