[Direct answer]Generally, it's not necessary. After the creditor's instrument, which stipulates the payment and states that the debtor is willing to accept the enforcement of the commitment, is notarized, the creditor can directly apply to the people's court with jurisdiction for enforcement without litigation. The process is to first apply to the notary office that issued the notarial certificate for the issuance of an enforcement certificate, and then apply for enforcement with the notarial certificate and the enforcement certificate. The period for applying for enforcement is two years. However, there are three circumstances that still require litigation: the creditor's instrument does not stipulate the commitment to accept the enforcement, the application for enforcement exceeds the time limit, and the notarized creditor's instrument is ruled by the people's court not to be enforced. Notarization saves the litigation process, but it doesn't mean that the creditor's rights will necessarily be realized.

1. Problem background and typical scenarios

The original intention of handling notarization is to save time on litigation, but in practice, there are often two misconceptions: one is that once notarization has been completed, there's no need to worry about it anymore, but when it comes to enforcement, it's found that the application period for enforcement has already expired; the other is that if there are flaws in the notarized document, the only solution is to sue, which unnecessarily increases litigation costs. Typical scenarios include: a borrowing contract that has undergone notarization of a creditor's instrument with enforceable effect, failure to perform the repayment obligation after the repayment period has expired, enforcement being blocked due to the debtor's objection, and the assignee not being sure whether they can directly apply for enforcement after the creditor's rights have been transferred several times. Whether to sue depends on whether the document itself has enforceable effect and whether the enforcement process can proceed smoothly.

II. Key points of dispute

First, does the document have enforceability? Only creditor's documents that contain payment and state that the debtor is willing to accept the commitment to enforceability have enforceability. Those lacking such a commitment can only pursue litigation separately. Second, obtaining an enforcement certificate. The creditor must first apply to the notary office for the issuance of an enforcement certificate. The notary office will verify the performance of the obligation. If the materials are incomplete, the procedure may be stalled. Third, the debtor's objections. The debtor may raise objections to the authenticity and legality of the creditor's document or the partial extinction of the creditor's right. After review, the people's court may rule not to enforce it. In this case, the creditor needs to pursue litigation separately. Fourth, the statute of limitations. The application for enforcement also applies to a two-year period. Beyond the period, the people's court will not enforce it, and the creditor can only reconfirm the creditor's right through litigation. Related disputes often involveBusiness and contract disputes in enterprisesIntertwined.

III. Professional analysis by Henglue Lawyers

From a practical perspective, the key to the enforcement of notarized creditor's rights instruments lies in completing the entire procedural chain: whether the instrument has legal effect, whether the enforcement certificate can be successfully issued, and whether the debtor has substantive objections. When handling such cases in the Beijing area, common sticking points include the debtor raising objections on grounds such as the creditor's claim amount not being consistent with the facts or the debtor having partially fulfilled their obligations. In such cases, the applicant for enforcement needs to submit materials such as transfer receipts, reconciliation records, and collection traces to respond, otherwise they may face a ruling of non-enforcement. It should also be noted that the enforcement procedure has limited scope for reviewing substantive disputes. Once a ruling of non-enforcement is issued, it is the correct path to promptly convert the case to litigation. Repeated applications for reconsideration or delays will only waste time. Strategically, we usually recommend conducting a comprehensive verification of the instrument and evidence before applying for enforcement, preparing materials in advance to address possible objections, and simultaneously preparing litigation plans. For more information, please refer to the following link:Creditor's rights and debts, and enforcementMy experience in handling this matter.

IV. Practical suggestions and legal basis

According to Article 37 of the "Notarization Law of the People's Republic of China" (adopted on August 28, 2005, and amended on September 1, 2017), if a creditor's instrument of debt, which has been notarized and contains a provision that the debtor is willing to accept enforcement, is not performed or performed improperly by the debtor, the creditor may apply to the people's court with jurisdiction for enforcement according to law; the "Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of Notarized Debt Instruments" (Legal Interpretation [2018] No. 18, implemented on October 1, 2018) stipulates the scope of enforcement of notarized debt instruments, the enforcement certificate, and the debtor's objections; Article 246 of the "Civil Procedure Law of the People's Republic of China" (amended in 2021) stipulates that the period for applying for enforcement is two years. Suggestions: First, verify whether the instrument contains a commitment to accept enforcement; Second, apply for an enforcement certificate in a timely manner and calculate the two-year period; Third, if the debtor raises objections, prepare counter-evidence simultaneously; Fourth, if the enforcement is ruled not to be implemented, promptly initiate a lawsuit and apply for property preservation, and consult if necessary.Specialised legal services.

5. Henglu Law Firm's Reminder

The value of notarization lies in speeding up the process, not in exempting from liability. Three points need to be noted: First, if the notarized creditor's instrument is ruled not to be executed, the original creditor's right will not be extinguished. The creditor can still file a lawsuit for the same creditor's right, but should also pay attention to the statute of limitations. Second, after the transfer of the creditor's right, the transferee should check whether the notarial certificate and the execution certificate can be connected, and if necessary, require the transferor to cooperate. Third, when the application for enforcement is rejected or an objection arises, relief should be sought within the statutory time limit to avoid missing the deadline.Beijing Henglu Law FirmIt is recommended to first conduct a feasibility assessment before applying for enforcement, and then decide whether to proceed with enforcement directly or initiate separate litigation.

VI. Frequently Asked Questions

Q1: Can I successfully apply for enforcement directly with the notarized certificate in hand?

If the document is valid, the enforcement certificate is in place, and the statute of limitations is satisfied, it can generally proceed directly to the enforcement process without litigation. However, if there are flaws or the debtor raises substantive objections, it may be necessary to file a separate lawsuit. The specific procedure will depend on the review conclusion of the enforcement court.

Q2: What materials do I need to prepare?

The original notarial certificate, the enforcement certificate, the loan and repayment vouchers, the reconciliation and collection records, the confirmation of the service address, the debtor's property clues, and the performance materials needed to respond to objections.

Q3: Approximately how much will it cost?

Notary agencies generally charge fees per case for issuing enforcement certificates; the enforcement application fees are collected by the court from the person subject to enforcement, and applicants for enforcement usually do not need to make advance payments; for cases that are transferred to litigation, the case acceptance fees are paid in stages according to the amount of the subject matter, and the attorney's fees are determined according to the entrustment contract.

Q4: How long does the process take?

After the case is registered, it will generally be settled within six months; if the debtor raises objections or applies for non-enforcement, the review period may last several months; if the case is transferred to litigation, the first-instance trial usually takes about six months, and the second-instance trial generally takes place within three months.

Q5: What should I do first?

First, check whether the notarial certificate states the debtor's commitment to accept enforcement, then apply to the notary office for an enforcement certificate. At the same time, verify whether the two-year enforcement application period has expired, and prepare a litigation plan if necessary.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

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. →\nLegal services for creditor-debtor disputes·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.