[Direct answer]In the Beijing area, if the other party has no assets after winning the lawsuit, you can still apply to the court for enforcement, and the court will seize, detain, and freeze the assets under their name. If there are no assets after exhausting all measures, the court will rule to terminate the current enforcement (final enforcement), but the creditor's rights will not be extinguished. You can continue to search for clues such as the other party's hidden assets, mature creditor's rights, and unpaid equity, and apply for resumption of enforcement once they are found; when meeting the conditions, you can also claim accelerated maturity of shareholders' contributions or add the debtor as a defendant. For more details, please refer to the relevant guidelines.Creditor-debtor relations and enforcement case services.

1. Problem background and typical scenarios

"Winning a lawsuit but not getting the money" is the epitome of the difficulty in enforcement. Typical scenarios include: the defendant disappearing after the judgment takes effect, with no houses, cars, or savings in their name; transferring assets to their spouse or relatives; borrowing under the guise of a company with no assets; and refusing to declare their assets despite having income. Many creditors believe that the "terminated litigation" means "the money is gone", but in fact, it is only a temporary procedure, and the recovery of the debt has not ended. To maintain continuous pressure, it is necessary to understand the mechanisms of investigation and control, terminated litigation, and resumption of enforcement. For cases involving real estate clues, it is recommended to combine them with other methods.Real estate sales and construction project servicesVerify the assets.

II. Key points of contention

The controversy focuses on three points. Firstly, the nature of the "Terminal Liquidation of Debts": Terminal Liquidation of Debts does not extinguish the creditor's rights, but merely temporarily closes the case. If any assets are found, the case can be resumed. Please do not mistake it for being invalidated. Secondly, the boundaries of property investigation: The court has a scope of inquiry and control, and the assets transferred to relatives, friends or held on behalf of others need to be exposed by the applicant for enforcement. Thirdly, the expansion of the subject of responsibility: When the company has no assets, can the shareholders who have not paid in the actual capital and withdrawn the capital be pursued? It is the key to recovering the money. For the responsibilities of the company's debtors, you can refer to it.Business and contract dispute services for enterprisesTrack down the funding trail.

III. Professional analysis by Henglue Law Firm

A case handled by Henglue Law Firm is quite representative: the creditor, Ma * and A Company had a dispute over the intermediary contract, and the effective judgment ordered A Company to return the intermediary service fee of 423,500 yuan. After forced execution, A Company had no property available for execution and the execution was terminated. Ma * entrusted Attorney Yuan Hang of Beijing Henglue Law Firm. After investigation, it was found that the shareholders of A Company, Liu * and Zhang *, each subscribed to 9 million yuan and 1 million yuan respectively, and the subscription period was until September 23, 2039. However, there was no record of actual payment in the industrial and commercial archives. Based on the "Nine Civil Cases Notes" and the "Company Law Judicial Interpretation (III)", the attorney claimed that A Company had no property after exhausting all means of enforcement, met the criteria for bankruptcy but did not file for bankruptcy, and sued the shareholders for harming the creditor's interests of the company. The court ultimately 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 shows that when the other party "has no money", it may be worth investigating the shareholders' responsibility for capital contributions, which often opens up new opportunities. This case was handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (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 includes the provisions on enforcement procedures, termination of this enforcement 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 provisions on the burden of enforcement fees in the Measures for the Payment of Litigation Costs. Practical suggestions: Apply for enforcement promptly after the judgment takes effect to avoid delay; actively collect and continuously update property clues, apply for property investigation orders and online inquiry and control; conduct regular follow-ups on finalized cases to resume enforcement immediately upon discovering new clues; if the company has no assets, investigate the actual payment and withdrawal of shareholders' capital, and, if eligible, claim accelerated maturity of investment or additional execution of the debtor. For cases involving shareholder accountability, it may be combined with other legal remedies.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglue Law Firm's Advice

A victory in court is just the starting point. The key to securing the judgment is its enforcement. When faced with the problem of "no money," don't be quick to give up. First, exhaust all means of investigation and control, then delve deeper into the transfer of assets, overdue creditor's rights, and shareholder responsibilities. After the final repayment, maintain the tracking of clues and resume enforcement in a timely manner. Especially for corporate debtors, the failure to pay in full the registered capital is often a breakthrough point. It is recommended to take action as soon as possible through legal means to safeguard your rights and interests.Beijing Henglu Law FirmThrough consultation on the official website, we formulate a combined execution plan of "investigation, control, accountability, and recovery" to increase the likelihood of actual repayment.

VI. Frequently Asked Questions

Q1: If I win the lawsuit, can I still enforce the judgment against the defendant even if they genuinely have no money to pay?

It's possible, but it depends on the property clues. The court will, on its own initiative, investigate and control bank deposits, real estate, vehicles, equity, etc. If there is property, the enforcement can proceed; if there is truly no enforceable property, the case will be terminated, but the creditor's rights will still be valid. You don't just have to wait: you can actively provide clues about the other party's hidden property, wage income, due creditor's rights, unpaid capital contributions, etc., and apply for resuming enforcement or adding the debtor; if you find that the other party has maliciously transferred property, you can also recover it through a right of revocation lawsuit. Therefore, "having no money" is often just a superficial issue. Only by digging deeper into the related parties and the form of the property can there be a substantial breakthrough.

Q2: When applying for enforcement, what materials should be submitted to the court?

Generally, the following documents need to be submitted: an application for enforcement, which specifies the information of the person subject to enforcement, the basis for enforcement, and the request; copies of the effective legal documents and judgments, mediation agreements; the applicant's identity certificate; clues to the property of the person subject to enforcement, such as bank account numbers, property addresses, vehicle information, and equity status; and if a lawyer is appointed, an authorization letter and a letter from the law firm should be attached. The application for enforcement should be submitted within the statutory time limit, and it is recommended to attach as many property clues as possible to improve the efficiency of investigation and control. If the materials are complete and the clues are clear, the court will usually register the case quickly and initiate investigation and control measures.

Q3: How much does it cost to apply for enforcement?

The application execution fee shall be borne by the person subject to enforcement, and the applicant generally does not need to make a prepayment. After the enforcement is completed, the fee will be deducted from the enforcement funds, and the charging standard shall be calculated according to the enforcement amount in stages in accordance with the "Measures for the Payment of Litigation Costs", without a fixed amount. If the property is not ultimately enforced, the actual enforcement fee will generally not be paid. In addition, there may be actual expenses such as preservation fees and evaluation and auction fees, which will generally be deducted from the enforcement funds first or borne by the person subject to enforcement. It is necessary to distinguish between the enforcement fee and the attorney's agency fee. The latter shall be separately agreed upon in the entrustment contract and shall not be included in the enforcement fee.

Q4: How long does it usually take to get the results of an enforcement case?

There is no unified time limit. If the debtor has easily realizable assets such as full-amount bank deposits, the funds can be seized and distributed relatively quickly. However, if the debtor needs to evaluate and auction off real estate or vehicles, the process typically takes months, involving seizure, evaluation, auction, and transfer of ownership. For debtors whose whereabouts are unknown or who have no objections to the enforcement, the timeframe may be longer. In the case of "Terminal Enforcement", the enforcement process can only resume once clues to the debtor's assets have emerged. If the applicant actively provides clues, applies for investigation orders, and takes protective measures, the enforcement period can be significantly shortened. For debtors who truly have no assets, it is necessary to prepare for long-term tracking and simultaneously explore avenues for expanding liability.

Q5: If I discover that the other party has transferred their assets after the final settlement, what should I do?

After the conclusion of the bankruptcy liquidation, the creditor's rights are not extinguished. If the creditor discovers new clues to the debtor's assets (deposits, real estate, income, equity), he/she can apply for resuming the enforcement; if the creditor discovers that the debtor has transferred the assets to relatives or friends for free or at a low price, he/she can file a lawsuit to exercise the creditor's right of rescission to recover the assets; if the debtor refuses to declare or falsely declares his/her assets, and has the ability to perform but refuses to do so, the creditor can apply to include the debtor in the list of dishonest people and restrict his/her high consumption. In serious cases, the debtor may be held accountable for refusing to perform his/her obligations. The key actions are to fix the evidence of the transfer, resume the enforcement or file a separate lawsuit in time to avoid missing the exclusion period and the enforcement opportunity.

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 regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit. →\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 publicly available 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 a dispute arises, please consult a practicing lawyer in a timely manner.