[Direct answer]In the Beijing area, there are compliant approaches to investigating the assets under the other party's name: 1. Before litigation, search for clues through public channels such as industrial and commercial registration, judgment documents, enforcement information, and asset auction information. 2. Entrust a lawyer to use the law firm's formalities or a court investigation order to inquire into the registration and transaction information of real estate, vehicles, bank accounts, equity, securities, and insurance. 3. Apply for property preservation simultaneously with the lawsuit, and the court will conduct a comprehensive investigation through the online enforcement and control system. According to Articles 103 and 104 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), it is possible to apply for preservation before litigation if necessary. Note: Investigations must only be conducted through legal channels. Purchasing or inquiring about others' private information may be considered illegal. For more details, please refer to the official document.Specialised legal services.

1. Problem background and typical scenarios

Winning a lawsuit but not being able to collect the money is the most frustrating situation for litigants. Typical scenarios include: the defendant having no enforceable assets after a civil loan judgment; suspecting the defendant of hiding or transferring property or deposits during divorce asset division; the defendant suddenly selling property or transferring shares before a personal injury compensation judgment; and shareholders withdrawing funds and transferring assets after a company's debt default. The quality of property investigation directly determines whether the effective judgment can be enforced, and the available investigation methods vary greatly at different stages: pre-litigation investigation based on clues, in-litigation investigation based on preservation orders, and enforcement investigation based on the court's investigation system and investigation orders. For related enforcement issues, please refer to the following link:Creditor-debtor relations and enforcement case services.

II. Key points of dispute

In practice, the disputes focus on four points. Firstly, the boundaries of the right to inquiry: public information can be inquired freely, but private information such as bank transaction records and communication records can only be obtained through legal procedures. Hiring private detectives or purchasing personal information are all suspected of being illegal. Secondly, the application for investigation orders: whether lawyers can inquire with the order and how to determine the scope of inquiry are regulated and handled by local courts. Thirdly, the connection between investigation and preservation: the conditions for pre-litigation preservation, in-litigation preservation, and execution investigation and control are different, and the guarantees and priority order are also different. Fourthly, the remedies for transferring assets: if the other party maliciously transfers assets, the creditor can legally claim for revocation or seek corresponding responsibilities. In the judicial practice of Beijing, the courts are becoming stricter in reviewing malicious evasion of enforcement, and creditors often can reverse the passive situation by making good use of preservation and investigation and control procedures.

III. Professional analysis by Henglue Lawyers

A 10-year private lending case handled by Attorney Wang Fangli fully demonstrated the entire process of property investigation and enforcement relief: In 2014, Shang * , Sui * , and Li * jointly borrowed 650,000 yuan from Zhao * . After Zhao * passed away, his son, Zhao * 1, sued the three defendants, and the court ruled that the three defendants should repay the loan together. After the judgment took effect, as Shang * and Li * had no enforceable assets, Sui * 's property was subject to sequestration. Sui * claimed that he was not the actual borrower, that he was mentally unclear when signing the contract, and that the actual borrowed amount was only 200,000 yuan. Facing the execution of his only housing, Sui * entrusted Attorney Wang Fangli to handle the case. The attorney reviewed the case files and visited the parties, and successively filed for retrial and appeal, citing reasons such as the signature not reflecting the true intention of the parties and Sui * not receiving court notifications during his compulsory drug rehabilitation isolation period and thus failing to participate in the litigation. Although the retrial failed to change the judgment due to insufficient evidence, the attorney continued to apply for appeal. Eventually, with the joint efforts of Daxing District Procuratorate and Daxing District Court's Enforcement Bureau, the parties reached a settlement: The three defendants would repay 750,000 yuan, with Sui * paying the full amount first, and the court would lift the sequestration, freezing, and high-consumption restriction measures on Sui *'s property, enabling him to keep his only housing. This case was handled by Beijing Henglu Law Firm. 由王芳丽律师代理的这起历时十年的民间借贷纠纷案件，完整展现了财产调查与执行救济的全过程：2014年，尚某、隋某、李某三人共同向赵某借款65万元；赵某去世后，其子赵某1起诉，法院判决三人共同偿还。判决生效后，因尚某、李某名下无可供执行财产，隋某的房产被轮候查封。隋某主张自己并非实际借款人、签字时神志不清、实际借款仅20万元，其唯一住房面临被执行，遂委托王芳丽律师。律师调阅案卷、走访当事人，先后提起再审与抗诉，提出签字非真实意思表示、隋某在强制戒毒隔离期间未收到法院通知未能参加诉讼等理由。再审虽因证据不足未改判，律师继续申请抗诉，最终在大兴区检察院与大兴区法院执行局联合推动下，双方达成和解：三人共同偿还75万元，款项先由隋某全额支付，同时解除对隋某财产的查封、冻结及限制高消费措施，隋某保住了唯一住房。本案由北京恒略律师事务所代理。Wang FangliThe lawyer (practice certificate number: 11101201911086939, subject to the certificate issued by the judicial administrative organ) acts as the agent. Note of this case: The search for property clues and the resolution of enforcement measures often test professional competence more than the court hearing itself.

IV. Practical suggestions and legal basis

The legal basis includes Article 103 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) regarding litigation preservation; Article 104 regarding pre-litigation preservation, with a ruling to be made within 48 hours in urgent cases; and Article 246 regarding the two-year enforcement period. Additionally, the "Regulations of the Supreme People's Court on Several Issues Concerning Property Investigation in Civil Enforcement" address property reporting, the provision of clues by the applicant for enforcement, and investigations conducted by the court on its own initiative. Action list: 1. Prior to litigation, collect as much information as possible about the other party's name, ID number or unified social credit code, residence, known accounts, and real estate clues. 2. File a lawsuit and apply for property preservation simultaneously, providing a guarantee. 3. During the enforcement phase, apply for the court to conduct property searches through the online enforcement investigation system and, if necessary, apply for a lawyer's investigation order. 4. If the other party transfers assets, legally claim the right to revoke or pursue corresponding responsibilities. For related enforcement matters, please consultCreditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

When investigating assets, there are two red lines that need to be avoided: First, using the wrong methods, such as hiring private detectives or purchasing personal information to obtain clues to assets, which may constitute infringement of citizens' personal information and illegal crimes; Second, missing the opportunity. If the other party transfers assets before the investigation and control, it will be much more difficult to recover the money. The information obtained from the investigation and control can only be used for litigation or enforcement purposes. Any misuse will also result in liability. When handling similar cases in the Beijing area, it is recommended to follow the following procedures:Beijing Henglu Law FirmUnder the guidance of professional lawyers, we will simultaneously advance the investigation of clues, the application for preservation, and the execution and inspection, in order to identify the assets as soon as possible.

VI. Frequently Asked Questions

Q1: If I find out the other party's assets, will I automatically win the lawsuit?

The investigation of assets primarily affects whether the judgment can be enforced, rather than the outcome of the case itself. The outcome of the case depends on whether the basis of the claim is established and whether the evidence is sufficient. The significance of the investigation and control lies in preventing the other party from transferring assets during the litigation and ensuring that there are assets available for enforcement after winning the case. If the assets are found and preserved in time, the certainty of recovering the money will be significantly increased; if the other party really has no assets, even if the case is won, there may still be problems with enforcement. The outcome of each case is subject to the evidence and the court's determination, and there is no guarantee of victory in every case.

Q2: What materials do I need to prepare to check my assets?

The basic materials include: the other party's identity information (ID number or unified social credit code), residence or business location; contracts, IOUs, transfer records, and account statements that prove the creditor-debtor relationship; known property clues, such as real estate addresses, license plate numbers, and bank accounts; the basis for suing or enforcement (judgments, mediation agreements, arbitration awards); and, if applying for preservation, the guarantor's property clues must also be provided. The more specific the materials are, the more targeted the court's investigation and the lawyer's inquiry will be.

Q3: How much does it cost to check property and enforce a judgment?

The attorney's fees are determined through negotiation between the law firm and the client, and there is no unified government pricing. For applications for property preservation, the application fee for preservation is calculated in stages based on the amount of the subject matter, with an upper limit. The guarantee fee or insurance fee is charged separately. For applications for enforcement, the applicant generally does not need to pay the enforcement fee in advance, and the enforcement fee is borne by the defendant. For entrusting lawyers to inquire about registration information and retrieve transaction records, the fees are charged separately according to the law firm's charging standards. The overall cost should be calculated based on the expected repayment.

Q4: How long does it usually take to conduct property investigations and controls?

If the pre-litigation preservation situation is urgent, the court shall make a ruling within 48 hours; litigation preservation is generally initiated within a few days after the case is filed; after the case of enforcement is filed, the court initiates the investigation and control through the online enforcement and investigation system, and the first round of investigation and control is usually completed within a few weeks; the case of enforcement shall generally be concluded within six months from the date of filing, and the period may be extended in accordance with the law if the case is complex. After the investigation and control of the property, the appraisal and auction procedures usually take several months.

Q5: If I want to check the other party's assets, what should I do first?

Four steps to proceed: First, sort out the other party's identity information and known property clues to form a list; Second, sue as soon as possible and apply for property preservation after the case is filed or before the lawsuit, and provide guarantees; Third, after entering the execution stage, apply to the court for investigation and control, and if necessary, apply for a lawyer's investigation order to inquire about real estate, vehicles, and bank accounts; Fourth, if the other party transfers property, fix the evidence and claim revocation or accountability according to law. If the clues are unclear, hire a professional lawyer to assist in the investigation as soon as possible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are 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. →Specialised services - Legal services·Attorney Wang Fangli·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.