[Direct answer]In the Beijing area, if the other party reneges on the settlement after its implementation and fails to perform according to the agreement, the applicant for enforcement may, in accordance with the provisions on settlement enforcement in the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), apply to the enforcement court to resume the enforcement of the original effective legal documents; after deducting the part that has been performed, the remaining unperformed part will continue to be enforced. The settlement agreement itself can also be used as an independent contract to file a lawsuit for performance separately. It is recommended to apply for resuming enforcement and renewing the property seizure immediately if signs of reneging are found, so as to avoid missing the opportunity. The relevant procedures can be referred to for reference.Creditor-debtor relations and enforcement case services.

I. Problem Background and Typical Scenarios

The implementation of a settlement agreement is supposed to provide debtors with a breathing space and facilitate performance, but in practice, debtors often renege on their commitments. Typical scenarios include: the parties reach an agreement on deferral or installment payments, but the debtor stops making payments after one or two installments; the agreement stipulates that the debtor will use the house to offset the debt, but the transfer of ownership never takes place; there is no written evidence of the oral settlement, and the other party denies it; and after the settlement, the debtor secretly transfers assets. Many applicants for enforcement mistakenly believe that a settlement agreement means giving up on enforcement, and they become at a loss when the other party reneges on their commitments. To turn a settlement agreement into a controllable bargaining chip rather than passively waiting, it is essential to understand the path and time limits for resuming enforcement. For cases involving property investigation and control, relevant measures can be taken in conjunction with the enforcement process.Real estate sales and construction project servicesVerify the assets.

II. Key points of contention

The dispute focuses on three points. First, whether to resume enforcement or seek performance through another lawsuit: After retracting the agreement, one can either apply to resume enforcement of the original judgment or seek performance of the settlement agreement through another lawsuit. The choice of path affects whether one can claim the breach of contract penalty stipulated in the settlement agreement. Second, deduction of the part already performed: The part already paid according to the settlement agreement must be deducted from the subject matter of enforcement, and it is necessary to provide evidence of the payment facts. Third, property clues and statute of limitations: After resuming enforcement, one still relies on property investigation and control. If the other party transfers property during the settlement period, one needs to seek other remedies. For company debtors with no assets, reference can be made to relevant provisions.Business and contract dispute services for enterprisesTrack down the shareholders' responsibilities.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm found that the debtors' refusal to fulfill their obligations often coincides with their "lack of property subject to enforcement" during the handling of enforcement relief cases. Taking a case handled by our firm as an example: Creditor Ma * and A Company had a dispute over an intermediary contract, and the effective judgment ordered A Company to return the intermediary service fee of 423,500 yuan. After enforcement, A Company had no property available for enforcement, and the enforcement was terminated. Ma * entrusted Lawyer Yuan Hang of Beijing Henglue Law Firm. After investigation, it was found that A Company's shareholders Liu * and Zhang * each subscribed 9 million yuan and 1 million yuan, with the subscription period ending on September 23, 2039. However, there were no actual payment records in the industrial and commercial archives. Based on the "Nine Civil Interpretations" and the "Company Law Judicial Interpretation (III)", the lawyer argued that A Company, after exhausting all means of enforcement without finding any property and meeting the criteria for bankruptcy but failing to apply for bankruptcy, should initiate a lawsuit against the shareholders for damaging the interests of the company's creditors. Ultimately, the court ruled that Liu * and Zhang * should bear supplementary compensation liability within the scope of their unpaid subscriptions of 9 million yuan and 1 million yuan, respectively. This case highlights that when the other party refuses to fulfill their obligations or indeed lacks property, we should break away from the single mindset of enforcement and investigate other liability clues such as shareholders' failure to make actual payments. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, 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 mediation and resumption of enforcement in the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), as well as the rules on the burden of enforcement fees in the Methods for Payment of Litigation Costs. Practical suggestions: It is necessary to sign a written agreement and stipulate accelerated breach clauses and breach penalties; if the other party breaches the agreement in any period, immediately apply for resumption of enforcement and resume sealing and freezing of assets; simultaneously investigate the debtor's and related parties' assets and equity, and exercise the right of revocation or add the debtor to the enforcement list if any clues of transfer are found; if there are no assets, it is possible to investigate the shareholders' investment situation and, if conditions permit, claim the accelerated maturity of the investment or add the unpaid shareholders. Where the shareholders' liability is involved, it can be combined with other legal provisions to pursue the shareholders' liability for the debt.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Reminder

Implementing a settlement is a double-edged sword: it can facilitate the recovery of funds, but it is also often used by debtors to delay the process. The key actions are "formalization plus preservation of evidence plus rapid recovery" - the agreement should clearly state the consequences of breach of contract, and if the other party reneges on the agreement, immediately apply for resumption of enforcement and renewal of property seizure, and if necessary, investigate the liability of shareholders or related parties. Never relax property monitoring due to a settlement, and do not easily lift the seizure without collateral. It is recommended to take action as soon as possible if there are signs of reneging on the agreement.Beijing Henglue Law FirmConsult with the official website to formulate a comprehensive plan for resuming enforcement and holding those responsible accountable.

VI. Frequently Asked Questions

Q1: After the execution of the settlement agreement, if the other party changes their mind, can I still resume the execution process?

Yes. According to the provisions on enforcement and settlement in the Civil Procedure Law (amended on December 24, 2021 and implemented on January 1, 2022), if a party fails to perform the settlement agreement, the applicant for enforcement may apply for the resumption of enforcement of the original effective legal documents; the part that has been performed will be deducted during the enforcement, and the remaining unperformed part will continue to be enforced by force. The resumption of enforcement targets the original effective documents such as judgments and rulings, rather than the settlement agreement itself. Therefore, when signing the settlement agreement, it is necessary to keep evidence of the other party's breach of contract. Once the other party reneges on the agreement, you should immediately apply for the resumption of enforcement. It is crucial not to let the property be lost or exceed the time limit due to waiting.

Q2: What materials do I need to submit to the court to apply for resuming enforcement?

Generally, the following documents need to be submitted: an application for resuming enforcement, stating the original enforcement case number, the process of the settlement, the facts of the other party's breach of contract and the request; copies of the original effective legal documents and the basis for enforcement; the text of the settlement agreement, which proves the content of the agreement between the two parties; evidence of the other party's breach of contract, such as bank statements showing failure to make payments on time, collection records, and screenshots of communication; and relevant materials of the original enforcement procedure. If the enforcement court has already closed or terminated the case, the reasons for resuming enforcement should be stated. If the materials are complete and the facts of the breach of contract are clear, the court will usually rule to resume enforcement and restore property investigation and control measures.

Q3: Do I need to pay the enforcement fee again to resume the enforcement? And what's the approximate amount?

The application execution fee shall be borne by the party subject to enforcement, and the applicant for enforcement generally does not need to make a prepayment. The execution fee is calculated in accordance with the statutory proportion of the amount of funds actually enforced, and is deducted from the enforced funds. The specific standards shall be subject to the "Measures for the Payment of Litigation Costs", and a fixed amount cannot be given. If the property is not actually enforced after the resumption of enforcement, the execution fee will not be actually paid. It should also be noted that the breach of contract penalties and interest for delayed performance stipulated in the settlement agreement can be claimed together with the resumption of enforcement or a separate lawsuit, but their realization still depends on the other party's financial situation, and it is not advisable to blindly increase the claims without considering the actual situation.

Q4: After the execution resumes, how long does it usually take to receive the money?

There is no unified time limit, which depends on the difficulty of tracing and disposing of the property. If the bank deposits have been sealed when the execution is resumed, the deduction may be faster; if it is necessary to appraise and auction the real estate and vehicles, the process usually includes sealing, appraisal, auction, and transfer of ownership, and the cycle often lasts for months or even longer; if there is no property available for enforcement, the execution may be terminated again. Therefore, while resuming the execution, it is necessary to actively provide clues to the property, apply for a property investigation order, and pay attention to the debtor's income, due claims, and hidden assets to shorten the repayment cycle.

Q5: Apart from resuming execution, are there any other remedies available if the other party changes their mind?

Yes. In addition to applying for the resumption of enforcement of the original effective document, you can also file a separate lawsuit against the settlement agreement itself, requesting the other party to fulfill the payment obligations and penalties stipulated in the settlement, which provides an independent basis for claiming the benefits of the settlement; if the debtor transfers or hides assets through the settlement, you can exercise the creditor's right of revocation according to law; if you find that the shareholders have not paid the actual capital or withdrawn the funds, you can claim the accelerated maturity of the investment or add them as the parties subject to enforcement. Multiple paths can be used in parallel or selectively, depending on the strength of the property clues and evidence. It is recommended to use them in combination after evaluation by a lawyer to increase the possibility of recovering the money.

This article is written based on the common judicial interpretation 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 currently 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 limits. →\nLegal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Henglu 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.