[Direct answer]In the Beijing area, enforcement is allowed, but the necessary living expenses must be reserved. According to Article 250 of the Civil Procedure Law of the People's Republic of China, if the person subject to enforcement fails to fulfill the obligations specified in the legal document, the people's court has the right to detain and withdraw the income of the person subject to enforcement that should be used to fulfill the obligations, but the necessary living expenses of the person subject to enforcement and his/her dependents must be reserved. Pensions and retirement benefits, which are received on a monthly basis, belong to relatively fixed income sources and can be used as enforcement targets in practice. The usual enforcement method is to send a notice of assistance in enforcement to the issuing institution and deduct a certain percentage of the funds on a monthly basis until the debt is repaid. The deduction rate needs to balance the realization of the creditor's rights with the basic living needs of the person subject to enforcement and his/her dependents, and the enforcement court shall determine it based on the local living standards. It should be noted that, unlike pensions, pensions, disability allowances, etc. are personal-exclusive funds used to ensure the basic living of specific individuals and are generally not considered enforceable assets. Therefore, to determine whether a certain sum of money can be enforced, the key is to see whether it belongs to the person subject to enforcement's disposable income and whether it is necessary for maintaining basic living.

1. Problem background and typical scenarios

"He's already retired and only has a pension. Can this money be recovered?" This is a common concern for creditors. Some debtors who have retired have no other assets and only receive a monthly pension. Creditors worry that they won't be able to recover their debts and therefore give up applying for enforcement. In fact, as a fixed income, pensions can be seized and withdrawn, but the key lies in the "method" of enforcement — they cannot be withdrawn all at once, but the basic living expenses should be reserved. When enforcing such cases in Beijing, the local court generally determines the amount to be reserved based on the local minimum living guarantee level and the debtor's family situation, and then withdraws the remaining portion on a monthly basis, which not only ensures basic living but also gradually realizes the creditor's rights.

II. Key points of contention

Firstly, the enforceability of pensions, which are fixed incomes, can be legally withheld and withdrawn in appropriate portions. Secondly, the retention of essential living expenses requires that the court must set aside the funds necessary for the debtor and their dependents to maintain their basic living standards. Thirdly, the determination of the deduction ratio is made by the executing court based on a comprehensive assessment of local living standards, family responsibilities, and the amount of the creditor's claim. Fourthly, certain types of payments are exempt from enforcement, such as pensions, disability benefits, and medical subsidies, which are typically considered personal and non-transferable. Fifthly, the flexibility of enforcement methods allows for options such as monthly deductions and installment payments to avoid affecting the debtor's basic living conditions.

III. Professional analysis by Henglue Law Firm

During the execution process, after determining whether the execution can proceed, the more important question is "how to proceed with the execution". Taking a case of execution objections and execution reversal handled by Henglue Law Firm as an example: Due to a loan dispute in the past, the court mistakenly added the debtor's spouse and daughter as the subject of enforcement. Subsequently, after the transfer of creditor's rights and the change of the applicant for enforcement, the court seized multiple assets including bank deposits, the surplus from the auction of a house, bank shares, and income-based insurance payments. In 2024, the court ruled to revoke the addition of the debtor's spouse and daughter as the subject of enforcement and ordered the return of the seized assets and accrued interest. The transferee raised objections to prevent the return of the assets. After accepting the case, lawyers Ma Qiwen and Song Meina pointed out that the divorce agreement was legally valid, and the registration of the house and the time of acknowledging the divorce agreement were clear, indicating no malicious transfer of assets. The execution reversal is a legal procedure for the court to correct its own errors in adding subjects of enforcement. The seized assets should be returned after the revocation of the addition order, and according to relevant enforcement regulations, the accrued interest should also be included. The transferee's claim that the rent could be used to offset the accrued interest lacked legal basis. The court adopted the lawyers' opinion, ruled to modify the enforcement order, and ordered the transferee to return the enforcement funds and accrued interest within a specified time limit. This case shows that the scope of the assets subject to enforcement must be strictly defined in accordance with the legal basis and procedures of enforcement. The same applies to the seizure of pension funds - they cannot be exempted from enforcement just because they are "pension funds", nor can they be seized in full without distinction. For cases involving marital relationships and property ownership determination, reference can be made to relevant provisions.Divorce litigation and family disputesBased on my experience, it would be beneficial to combine the verification of fund flows with the investigation of property ownership.Creditor's rights and debts, and enforcement casesThis is the practical path of the case. The case was handled by Beijing Henglu Law Firm.Marcia WenThe lawyer (practice license number: 11101202411865324, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his/her accurate understanding of the local judicial interpretation and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Article 250 of the Civil Procedure Law of the People's Republic of China regarding the seizure and withdrawal of income, and the relevant provisions of the Supreme People's Court on property disposal and livelihood protection in the enforcement process, it is recommended to proceed in four steps: First, apply to the court to inquire about the fixed income sources of the debtor, such as pensions and retirement benefits, and verify the issuing institutions and amounts; Second, submit a written application for seizure and withdrawal to the enforcement court, and explain the preliminary plan for retaining necessary living expenses; Third, cooperate with the court to determine the seizure ratio and cycle, generally seizing funds monthly and retaining basic living expenses; Fourth, monitor the dynamic changes of enforceable property, and apply for resumption of enforcement or additional enforcement in time if new income or property clues are found. Investigations into property clues and verification of fund flows can be carried out in conjunction with these steps.Creditor's rights and debts, and enforcement cases; For matters involving family property relations and the determination of support obligations, reference can be made to the relevant provisions.Divorce litigation and family disputesAndInheritance of property and division of family assets.

5. Henglue Law Firm's Reminder

The pension can be enforced, but it should be done gradually. Three reminders: First, creditors should not give up applying for enforcement just because the debtor is a retiree. They should actively provide clues to the pension receipt; Second, when applying for enforcement, they should clearly reserve a plan for living essential expenses, which will help the court make a ruling as soon as possible; Third, pay attention to distinguishing the funds that cannot be enforced. Pensions, disability allowances, and other funds with personal exclusivity do not belong to the scope of enforceable.Beijing Henglu Law FirmIt is recommended that creditors sort out the debtor's sources of income, family responsibilities, and existing assets, and submit a complete list of enforcement property clues to the court.

VI. Frequently Asked Questions

Q1: Can pensions be executed against?

Yes. Pensions are the fixed income of the debtor, and the people's court has the right to withhold and withdraw the part that should be fulfilled, but it shall reserve the necessary living expenses for the debtor and the dependents supported by him. In practice, a certain percentage is usually deducted and transferred on a monthly basis.

Q2: What materials are needed to apply for enforcement?

The effective legal documents and the basis for enforcement, clues to the enforced person's pension receipt situation (issuing institutions, account information, etc.), the enforced person's family situation and economic burden materials, as well as instructions on retaining necessary living expenses.

Q3: What is the general deduction rate?

There is no uniform proportion in the law. The executing court will determine it based on the local living standards, the debtor's family burden, and the amount of the creditor's claim. Generally, it is based on the premise of preserving the basic living expenses, and the remaining part will be deducted and transferred on a monthly basis.

Q4: What other assets can be executed besides pensions?

It includes bank deposits, real estate, vehicles, equity, accounts receivable, the enforceable portion of the provident fund, and other income; for pensions, disability allowances, medical allowances, and other funds that are personal in nature and used to ensure the basic living of specific individuals, they are usually not considered enforceable assets.

Q5: What should I do first?

First, apply to the court to inquire about the clues of the debtor's fixed income such as pension, and verify the issuing institution and the amount; then submit a written application for detention and withdrawal, and attach a preliminary plan for reserving necessary living expenses, so as to promote the monthly deduction and transfer of the execution funds.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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 Ma Qianwen·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the 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.