[Direct answer]Yes. Article 1 of the "Provisions of the Supreme People's Court on Several Issues Concerning Property Investigation in Civil Enforcement" (Fashi [2017] No. 8, implemented on May 1, 2017) stipulates that during the enforcement process, the applicant for enforcement shall provide clues to the debtor's property, and the debtor shall truthfully report his/her property. The People's Court shall conduct an investigation through the online enforcement inquiry system and adopt other investigation methods according to the needs of the case. Article 2 clearly stipulates that if the clues to the debtor's property are clear and specific, the court shall verify them within seven days, and if the situation is urgent, it shall verify them within three days; if the applicant for enforcement is unable to identify the debtor's property on his/her own due to objective reasons, he/she may apply to the People's Court for an investigation. Online inquiries and on-site investigations shall have the same legal effect.
I. Problem Background and Typical Scenarios
The debtors deposit the money in their bank cards, WeChat Wallet, Alipay balance, or various financial products. On the surface, there are no real estate or vehicles, but in reality, the funds are circulating online. Some transfer the money to their spouse's or relatives' accounts, or settle the business funds through third-party payment channels. Creditors often face the following dilemmas: What exactly can the court's investigation and control system search for? Can they apply for an investigation themselves? What should they do with the parts that the system cannot search for? When handling enforcement cases in Beijing, online investigation and control is usually conducted simultaneously with on-site investigations, but the quality of the clues still directly determines the efficiency of verification.
II. Key points of contention
First, the scope of investigation and control. The online enforcement and investigation system can query information such as bank deposits, wealth management products, securities and fund shares, online fund accounts, vehicles, real estate, industrial and commercial registration, and equity ownership; for assets that have not been covered by the online system, the court needs to adopt other methods or require the parties to conduct their own investigations. Second, the submission of clues. Applicants for enforcement should fill out property investigation forms when providing clues. The more specific and detailed the clues are, the faster they can be verified; a general statement such as "he has money" does not constitute a valid clue. Third, the obligation to report property. The court may order the debtor to report their property and issue a property reporting order. In the case of monetary claims, the property reporting order should be issued simultaneously with the enforcement notice. Failure to report property truthfully will result in credit penalties and other consequences. Fourth, the choice of investigation methods. If the debtor conceals property or accounting books, the court may conduct searches, summons, or even detain them for questioning. If the applicant for enforcement believes that there are issues such as misrepresentation of investment or withdrawal of funds, they may apply in writing to commission an audit. When no property can be located, they may also apply to issue a reward notice. Fifth, remedies after the conclusion of the enforcement process. The termination of the current enforcement does not mean that rights are extinguished. If new clues to property are discovered, the applicant may apply for resumption of enforcement at any time.
III. Professional analysis by Henglue Law Firm
Online investigation and control is the starting point rather than the end point. What really determines the recovery of funds is the further exploration of the investigation results. Henglue Law Firm once handled a case of enforcement failure: Ma * and a company had a dispute over an intermediary contract, and the effective judgment ordered the company to return the intermediary service fee of 423,500 yuan. After enforcement, online investigation and other investigations failed to find any enforceable assets, and the case was adjudicated to terminate the current enforcement. The lawyer did not stop at this point, but retrieved the industrial and commercial archives to verify the investment situation, and found that shareholders Liu * and Zhang * respectively subscribed to investment of 9 million yuan and 1 million yuan, with the subscription period ending in 2039, but there were no actual payment records. Therefore, it was argued that the company had no assets after exhausting all enforcement measures and had the grounds for bankruptcy but did not apply for bankruptcy. The shareholders no longer enjoyed the benefit of the time limit, and a lawsuit was brought against the shareholders for their liability for harming the interests of the company's creditors. The court ordered the two to bear supplementary compensation liability within the scope of the unpaid investment of 9 million yuan and 1 million yuan respectively. This case was handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. It can be seen that the industrial and commercial archives, investment records, and related transactions outside the query and control system are often worth further investigation.\nEnforcement of the caseThe breakthrough often lies outside the program itself.
IV. Practical suggestions and legal basis
According to Article 1, Article 2, Article 3, Article 14, Article 15, Article 17, Article 21, and Article 22 of the "Interpretation of the Supreme People's Court on Several Issues Concerning Property Investigation in Civil Enforcement" (Legal Interpretation [2017] No. 8, implemented on May 1, 2017) and Article 67 of the "Civil Procedure Law of the People's Republic of China" (amended in 2021, implemented on January 1, 2022) regarding the provisions on the investigation and collection of evidence by the people's courts, it is recommended that: First, after the case of enforcement application is registered, actively fill out the property investigation form and list in detail the known bank accounts, payment accounts, securities accounts, vehicle and real estate information; Second, for the property not covered by online investigation and control, apply to the court in writing for investigation or request an investigation order, and have the agent collect evidence from relevant units with the order; Third, for the enforced persons who have signs of concealing or transferring property, apply for a search, summons, or request a written application to entrust an audit institution to audit their financial materials; Fourth, if the property cannot be found for a long time, apply to issue a reward announcement and regularly apply to resume the inquiry; Fifth, include industrial and commercial archives, investment records, and transactions with related companies in the scope of the investigation to reserve space for subsequent additional claims or separate accountability.
5. Henglue Law Firm's Reminder
Three common misconceptions: First, many people believe that after applying for enforcement, all they need to do is wait. In reality, the responsibility for asset investigation is shared by both the applicant and the court in the legal process. The party who actively submits clues will obviously achieve faster results. Second, many people place all their hopes on online asset investigation. If the system can't find any assets, they assume there are no assets at all, ignoring clues such as industrial and commercial archives, accounts receivable, and rights to online stores. Third, after the case is terminated, many people completely abandon it and fail to regularly apply for resuming the investigation until the other party's assets are transferred again. Additionally, it's important to note that the audit fees are generally prepaid by the applicant who initiates the enforcement. If the respondent refuses to report or falsely reports their assets, or conceals or transfers their assets, the costs will be borne by the respondent. Before applying for enforcement, it's necessary to first assess the cost-benefit ratio. For cases involving company investments, equity, and related transactions, additional measures may be taken in conjunction with these factors.Business and contract disputes in enterprisesSynchronously check the experience of the product/service based on user feedback and optimize it accordingly.Beijing Henglu Law FirmSuggestion: Always keep written records of the results of the investigation and control to provide a good basis for resuming the enforcement process.
VI. Frequently Asked Questions
Q1: If I apply to the court to investigate online assets, can they be traced?
Bank deposits, wealth management products, securities funds, online fund accounts, vehicles, and real estate are common forms of property that are generally covered by online enforcement and investigation; for assets that have not yet been connected to the internet, other investigation methods are needed to supplement the information, and whether they can be found depends on the form of the assets and the quality of the clues.
Q2: What materials do I need to prepare?
The materials for accepting the case, the case number, the property investigation form, the list of known accounts and property clues, and the identity and authorization materials; for applications for audit, please attach a written application and reasons; for applications for reward announcements, please specify the amount of the reward or the calculation method.
Q3: Does it cost money to apply for an investigation?
The property inquiry itself is free of charge. The audit fee shall be prepaid by the applicant for enforcement, and the debtor shall bear it if there are circumstances such as concealment and transfer of property. The reward money shall be deducted from the enforcement funds, and if there are other agreements, it shall be paid separately.
Q4: How long will the court take to verify the clues?
Clues that are clear and specific should be investigated and verified within seven days, and those involving urgent situations should be verified within three days. For measures related to property disposal, additional steps such as appraisal and auction are required, and the overall timeframe depends on the type of property involved.
Q5: What should I do if I can't find my property?
You can consider applying for searches and subpoenas in turn, applying for a commissioned audit, applying for a reward announcement, and verifying the shareholders' investment and related transactions; and apply for resuming enforcement at any time after discovering new clues.
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 to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on 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.