[Direct answer]In the Beijing area, when applying for enforcement, the applicant does not need to pay the enforcement fee in advance. According to Articles 10 and 38 of the "Measures for the Payment of Litigation Costs", the enforcement application fee shall be borne by the respondent. The people's court shall collect it from the respondent in accordance with the law after executing the content determined in the effective legal documents, and shall not collect it from the applicant in advance when applying for enforcement. The enforcement fee shall be calculated in stages according to the amount or value of the subject matter, with a lower unit rate for a larger subject matter. However, if the applicant hires a lawyer, the lawyer's fee shall be agreed upon separately by the parties and shall not be included in the scope of the enforcement fee. It is recommended that the applicant submit clues to the property at the same time when applying for enforcement, so as to improve the enforcement completion rate.

I. Problem Background and Typical Scenarios

Many successful litigants are hesitant to initiate enforcement procedures because they worry about the "enforcement fee", and even mistakenly believe that they need to pay the full amount of the enforcement fee themselves, ultimately missing the opportunity to recover the money. Typical scenarios include: after a judgment or mediation in civil loans, sales, or labor disputes, the other party delays performance; the right holder has already obtained clues to the other party's assets, but gives up due to cost concerns; and in some cases, after the court mediates and concludes the case, the parties are confused about who should bear the mediation case acceptance fees and other expenses. In fact, there are important differences in the cost burden between applying for compulsory enforcement and litigation. For cases involving the realization of creditor's rights, you can refer to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Creditor-debtor relations and enforcement case services.

II. Key points of dispute

The controversy over enforcement fees mainly focuses on three points. Firstly, the subject of the burden: According to the law, the enforcement application fee shall be borne by the person subject to enforcement, rather than prepaid by the applicant, which is different from the prepayment rule for ordinary litigation fees. Secondly, the calculation standard: The enforcement fees are calculated according to the amount or value of the subject of enforcement, with a lower unit proportion for larger amounts, and in some cases, they can be reduced or waived according to the law. Thirdly, the boundary between attorney's fees and enforcement fees: The attorney's fees incurred in entrusting a lawyer to handle the enforcement shall be stipulated in the entrustment contract and do not belong to the enforcement fees paid to the court. Clarifying the differences between the two can help right holders correctly assess the costs. In cases involving the confirmation of contractual claims, it can be combined with other relevant provisions to determine the appropriate approach.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Law Firm

Based on the observation of enforcement cases handled by Beijing Henglu Law Firm, cost concerns should not be used as an excuse for delaying enforcement. Taking a civil loan dispute case handled by our firm as an example: Plaintiff Xiao Li sued defendant Xiao Zhang for failing to repay multiple loans and advance funds for lottery purchases. Through court mediation, the parties reached an agreement that the defendant would repay the principal of 832,000 yuan in four installments from September 2024 to December 2025, and specified that if any installment was breached, Xiao Li would have the right to apply for enforcement of all outstanding payments at once. The case acceptance fee of 6,050 yuan was borne by Xiao Li, and Xiao Zhang was ordered to pay it within a specified period. Unlike the case acceptance fee, after entering the enforcement stage, the applicant does not prepay enforcement fees to the applicant, but the defendant bears the fees after the enforcement is completed. 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 an agent. This practice tip suggests that the rights holders should focus on property clues and the progress of enforcement, rather than the enforcement fees themselves.

IV. Practical Suggestions and Legal Basis

The core basis is Article 10 (payment of enforcement application fees), Article 20 (payment of enforcement fees after enforcement), and Article 38 (enforcement application fees shall be borne by the person subject to enforcement) of the "Measures for the Payment of Litigation Costs" (promulgated on December 19, 2006 and implemented on April 1, 2007); the relevant provisions on reduction, exemption, and deferral of payment shall also be applied accordingly. Practical suggestions: When applying for enforcement, there is no need to pay the enforcement fees in advance. You should directly submit the enforcement application to the court with jurisdiction; at the same time, provide complete clues to the property of the person subject to enforcement, so as to facilitate the court's investigation and enforcement. If you entrust a lawyer, you should clearly stipulate the standard and scope of the lawyer's fees and the refund in the entrustment contract to avoid confusion with the enforcement fees. For matters involving enforcement objections and additional enforcement, you can proceed accordingly.Special services and other case services.

5. Henglu Law Firm's Advice

The core misunderstanding in applying for enforcement is "procrastinating because of the fear of paying fees". Under the current rules, the enforcement application fee is borne by the person subject to enforcement, so the applicant doesn't need to give up their rights for this reason. However, it should be noted that the attorney's fees paid to a lawyer are agreed upon separately by both parties and are not part of the enforcement fees; the acceptance fees for mediation and litigation cases are determined by the document and borne by a certain party. The right holder should focus on fixing clues to the debtor's assets, cooperating with online investigation and control, and implementing credit punishment, in order to increase the possibility of actual recovery of the money. If the enforcement is blocked, you can consider adding the person subject to enforcement or resuming the enforcement process. If you need assistance, you can seek help from a professional agency or lawyer.Creditor-debtor relations and enforcement case services.

VI. Frequently Asked Questions

Q1: Do I really not need to pay the enforcement fee when applying for enforcement?

Yes, the applicant does not need to pay the enforcement fee in advance when applying for enforcement. According to the "Measures for the Payment of Litigation Fees", the enforcement application fee shall be borne by the respondent. After the people's court executes the content determined in the effective legal documents and collects the funds involved in the enforcement, it shall collect the fee from the respondent in accordance with the law, and shall not collect it from the applicant in advance at the stage of applying for enforcement. However, it should be noted that: the attorney's fees paid to lawyers shall be agreed upon in the entrustment contract and paid separately; and the acceptance fees for litigation or mediation cases shall be paid by the party designated in the legal documents, which is different from the enforcement fee. Therefore, the right holders do not need to delay the application for enforcement due to concerns about fees.

Q2: When applying for enforcement, what materials and evidence do I need to prepare?

The main materials include: the enforcement application, the original and copy of the effective legal documents (judgments, mediation agreements, arbitration awards, etc.), the applicant's identity certificate, the identity information of the person subject to enforcement or the business registration information, as well as clues that can reflect the person subject to enforcement's property status (bank account, real estate registration information, equity, vehicles, mature creditor's rights, etc.). If the applicant entrusts a lawyer, they also need to provide a power of attorney and a letter from the law firm. Having all the necessary materials can help improve the efficiency of case filing and asset investigation.

Q3: What specific standards are used to calculate the execution fee, and approximately how much does it cost?

The execution fee shall be paid in stages according to the amount or value of the execution. If there is no execution amount or value, it shall generally be charged per case; if there is an amount, the execution fee will decrease in proportion to the increase in the subject matter, and the total amount will be lower than the litigation fee. The execution fee shall be borne by the party against whom the execution is sought. Since the execution fee is not collected in advance when applying for execution, the applicant does not need to prepare this fee in advance. The attorney's fee shall be calculated in accordance with the entrustment contract and belongs to a different category from the execution fee. When asserting rights, they should be treated separately and agreed upon in advance.

Q4: After submitting the enforcement application, how long does it usually take to have the enforcement carried out and receive the money?

The court usually files a case within seven days after receiving the application for enforcement. Enforcement cases should generally be completed within six months from the date of filing, and non-litigation enforcement cases within three months. Special circumstances may be extended according to law. The actual time of repayment depends on the debtor's financial situation: if the debtor has sufficient and easily realizable assets, the funds can be recovered within a few months; if the assets need to be appraised and auctioned or there are no assets, the period will be longer or even result in the termination of the current enforcement. Actively providing clues to the debtor's assets, cooperating with the investigation and punishment can significantly shorten the time of repayment.

Q5: I want to apply for enforcement. How should I proceed specifically?

It is recommended to proceed according to the following steps: First, confirm that the legal document has taken effect and the performance period has expired, and check whether it is within the two-year period for applying for enforcement; Second, submit the application for enforcement and the effective document, as well as materials related to the identity and property clues, to the people's court of first instance or the court at the same level where the property to be enforced is located; Third, after the court files the case, cooperate with online investigation and control, and provide additional information on newly discovered property; Fourth, if the person subject to enforcement has no property, apply to terminate the current enforcement, and if new property is discovered, apply to resume enforcement in a timely manner. Throughout the process, you can entrust a lawyer to assist with the progress and handling of objections.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards 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 relevant evidence materials to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Attorney Tian Jiaoyan·Beijing Hengluo 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.