[Direct answer]To apply for enforcement against someone who refuses to repay a debt, the following five types of materials are required: 1. A written application for enforcement, stating the request, the amount involved, and the factual basis. 2. A legally effective document and proof of its effectiveness, such as a judgment, mediation agreement, arbitration award, or notarized creditor's claim. 3. Materials identifying the parties involved: a copy of the applicant's ID card and the business license information of the enterprise. 4. Evidence of the debtor's assets, including bank accounts, real estate, vehicles, and WeChat/Alipay accounts. 5. Procedural materials such as a confirmation letter for the delivery address. According to the Civil Procedure Law of the People's Republic of China, the statute of limitations for enforcement is two years, starting from the last day of the performance period specified in the legal document. If the materials are incomplete, the applicant will be required to supplement them, which may delay the case registration process. The enforcement plan after the document takes effect can be referred to for guidance.Creditor-debtor relations and enforcement case services.

I. Problem background and typical scenarios

After winning a lawsuit or obtaining a mediation agreement, many litigants don't know where to start when the other party still refuses to pay: which court should they file an enforcement application with? Where can they obtain a certificate of effectiveness? What should they do if they don't know what assets the other party owns? If the mediation agreement stipulates installment payments, do they have to wait until all installments have expired before applying for enforcement? Some people even believe that once they file an application, the court will "magically recover the money". In reality, forced enforcement is a highly procedural task. If the materials are complete and the clues are sufficient, the enforcement process will proceed quickly; if the materials are incomplete or the clues are lacking, it often takes time to repeatedly rectify and verify the information. Planning the application materials and enforcement strategies in advance is the first step towards recovering the overdue payments.

II. Key points of contention

  • During the application period and the starting point: The application for enforcement period is two years, and the period of performance in installments starts from the last day of each performance period. Applications submitted after the deadline may face the defense of non-enforcement.
  • The obligation to provide clues to assets: The court has an online investigation and control system, but the clues provided by the applicant can significantly speed up the pace of investigation and disposal. Both waiting for clues and actively providing them are indispensable.
  • Delay in fulfilling obligations: If the debtor fails to fulfill his monetary obligations on time, he shall, in addition to the principal and interest, also pay the doubled portion of the debt interest during the delay in performance. This is a legal right that applicants often overlook.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm advises that the list of materials should be checked item by item based on the actual requirements of the Litigation Registration Court. The application form should list the information of the applicant and the respondent, the basis for enforcement, the requested amount (principal, interest, interest on delayed performance, and litigation fees), and the clues to the debtor's assets. The basis for enforcement must be submitted in the original form and accompanied by proof of effectiveness. The mediation agreement takes effect after both parties sign it. The judgment must confirm that the appeal period has expired. For the main materials, if the debtor is an individual, attach a copy of their ID card or household registration information; if the debtor is a company, attach the publicity report of the company's credit information. In a civil loan dispute handled by Henglue Law Firm, the parties agreed to repay the principal of 830,000 yuan in installments through court mediation. The mediation agreement specifically stipulated that if any installment was not paid in full on time, the creditor could apply for enforcement of the remaining unpaid amount all at once - there is no need to wait for each installment after default on installment payments, and the creditor can apply for enforcement as a whole. This is the value of such clauses. In another enforcement case, the company had no assets available for enforcement, and the case was once terminated. The creditor entrusted a lawyer to investigate and found that the shareholders had not paid in full their subscribed capital. Through a lawsuit against the shareholders for damaging the creditor's interests, the court ruled that the shareholders should bear supplementary compensation liability for the company's debts within the scope of the unpaid capital and interest. The obstruction of enforcement opened up a new path for recovery. It can be seen that in addition to materials and clues, enforcement strategies also determine the success or failure of recovering payments. 恒略律师提示，材料清单要从立案庭的实际要求出发逐项核对。申请书应列明申请人与被申请人信息、执行依据、请求金额（本金、利息、迟延履行利息、诉讼费）与财产线索；执行依据需提交原件核对并附生效证明，调解书双方签收后即生效，判决书需确认上诉期届满；主体材料中，被执行人是个人的附身份证复印件或户籍信息，是公司的附企业信用信息公示报告。恒略律师办理的一起民间借贷纠纷中，双方经法院调解约定分期偿还本金83万元，调解书特别写明任一期未按期足额履行，债权人即可就剩余全部未付款项一并申请强制执行——分期履行债务违约后无需逐期等待，可整体申请执行，正是这类条款的价值所在；另一起执行案件中，公司名下无财产可供执行、案件一度终结本次执行，债权人委托律师调查发现股东未实缴出资，通过股东损害公司债权人利益之诉，法院判决股东在未出资本息范围内对公司债务承担补充赔偿责任，执行受阻打开了新的追偿路径。可见材料与线索之外，执行策略同样决定回款成败。

IV. Practical suggestions and legal basis

At the legal basis level: The Civil Procedure Law of the People's Republic of China stipulates that civil judgments, rulings, and mediation agreements 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, and the provisions on the suspension and interruption of the statute of limitations apply. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Calculating the Interest on Debts During the Delay in Performance in the Enforcement Procedure stipulates that if the debtor fails to perform the obligation of monetary payment within the specified period, he shall pay the interest on the debt during the delay in performance at a rate of 1.75% per day; the enforcement fees shall not be prepaid, and the debtor shall bear them after the enforcement is completed. In terms of credit punishment, the court may, in accordance with the Interpretation of the Supreme People's Court on the Disclosure of Information on Dishonest Debtors and the Interpretation of the Supreme People's Court on Restricting the High Consumption of Debtors and Related Consumption, take measures such as including the debtor in the list of dishonest people and restricting their consumption. Practical suggestions: Prepare all materials according to the court's list at one time; property clues should be as specific as possible (accounts, property location, license plate numbers, work units); during the mediation stage, write the clause on accelerated maturity of breach of contract into the document to leave a good interface for future enforcement. For related matters, please consult.Beijing Henglue Law FirmFor the validity of the loan contract and disputes over interest, you can refer to the following cases for reference:Business and contract dispute resolution services for enterprises.

5. Henglu Law Firm's Reminder

Applying for enforcement is the starting point, not the end point, of creditor's rights realization. Three tips: First, apply as soon as possible after the judgment becomes effective. The two-year application period is limited, and the earlier you apply, the more likely it is that the court will freeze the debtor's assets before they can transfer them away; Second, the amount of enforcement in the application should include the doubled debt interest during the delay in performance, which is an additional protection granted by law; Third, failure to recover the money does not mean failure. After the termination of the enforcement, continue to monitor the debtor's assets and, if necessary, add responsible parties or file a separate lawsuit. There is always a chance for creditor's rights to be realized. This case is handled by Beijing Henglu Law Firm.Tian Jia YanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as an agent. If you are facing problems with debt enforcement, it is recommended that you seek help as soon as possible.Beijing Henglue Law FirmConsult, prepare a materials list, and develop an implementation plan.

Q1: How long after the judgment takes effect can I apply for enforcement?

If the other party fails to fulfill their obligations within the performance period specified in the judgment, they can apply for enforcement immediately after the performance period expires, without having to wait any longer. For example, if the judgment states "pay within ten days", they can submit an enforcement application to the court on the eleventh day. It is important to note that the two-year period for applying for enforcement begins on the last day of the performance period specified in the judgment; and if the mediation agreement takes effect after being signed by both parties, they can also apply for enforcement if the payment has not been made by the end of the performance period. To determine whether the judgment has taken effect, they can apply to the original trial court for a certificate of effectiveness. Most courts now support online inquiries and verification, so they can submit the certificate when filing the case. Applying for enforcement one day earlier means they can start monitoring and freezing the other party's accounts one day earlier.

Q2: If I don't know what assets the other party has, will the court help me investigate them?

Yes. After the case is filed, the court conducts a batch search of the debtor's bank deposits, real estate, vehicles, securities, online funds (Alipay, WeChat), etc. through the enforcement investigation system. If any assets are found, they will be frozen, deducted, or sealed. However, this doesn't mean that the applicant can just wait and do nothing. Providing clues such as the location of the property, license plate number, business store, workplace, and rental income can help the court handle the case accurately and quickly, especially for out-of-town assets and rights that are not included in the system. Lawyers can also apply for investigation orders to further verify the information. Combining the court's investigation with the clues provided by the applicant is an effective way to shorten the execution period.

Q3: Do I need to pay an enforcement fee when applying for enforcement?

Applicants do not need to prepay execution fees when applying for enforcement. According to the "Measures for the Payment of Litigation Fees", the execution application fee shall be borne by the defendant after the execution. The court usually deducts it directly from the funds collected during the execution process, without imposing an additional burden on the applicant. The actual expenses mainly include property preservation fees, evaluation and auction fees for asset disposal, etc. The preservation fees are prepaid by the applicant and can ultimately be borne by the defendant. Therefore, don't delay the application due to concerns about fees. What's more important is time—the two-year application period and the risk of the other party transferring assets are far more crucial than the execution fees. If you notice signs of the other party's declining solvency, you should take immediate action.

Q4: Can both the mediation agreement and the judgment be directly applied for enforcement?

All of them can. The civil mediation agreement issued by the court takes effect upon being signed and received by both parties, and has the same enforceability as a judgment. If either party fails to perform the agreement, the other party may apply for compulsory enforcement. The arbitral awards and mediation agreements issued by arbitration institutions, as well as creditor's instruments endowed with enforceability through notarization (such as notarized loan contracts and repayment agreements), also constitute enforcement bases. It should be noted that only documents such as divorce agreements and privately signed settlement agreements cannot be directly applied for enforcement. They must first obtain an enforcement basis through litigation or judicial confirmation before applying for enforcement. This step is often overlooked by parties, resulting in wasted effort and time.

Q5: If the other party still doesn't have the money after the enforcement, what should I do?

If it is confirmed that there is no property available for enforcement, the court will terminate the current enforcement procedure, but this is not the end of the creditor's rights: First, continue to monitor property clues and apply for resuming enforcement at any time if the other party recovers income or acquires property, without being limited by the application period; Second, make good use of credit punishment. The credit blacklist and restrictions on high consumption continue to exert pressure, and many debtors later take the initiative to fulfill their obligations; Third, investigate other responsible parties. For example, if the debtor is a company, check whether the shareholders have not paid in full their registered capital. If eligible, you can sue them to require them to bear supplementary compensation liability for the company's debts within the scope of their unpaid capital; Fourth, verify whether there are any revocable acts of property disposition. Enforcement is a long-term battle. As long as the creditor's rights are in hand and the procedure is not withdrawn, there is always hope of getting paid.

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 Tian Jiayan·Beijing Henglue Law Firm