[Direct answer]In the Beijing area, according to Article 9 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement" (effective December 1, 2016 and amended in 2020), if the applicant for enforcement legally transfers the creditor's rights determined by the effective legal document to a third party and acknowledges in writing that the third party has obtained the creditor's rights, and the third party applies for the change or addition of himself/herself as the applicant for enforcement, the people's court shall support it. In other words, to change the applicant for enforcement, the following three conditions must be met: first, the creditor's rights must exist and be determined by an effective legal document; second, the transfer act must be legally effective and there must be no circumstances prohibiting the transfer or violating the agreement; third, the original applicant for enforcement must acknowledge in writing that the third party has obtained the creditor's rights. The materials submitted typically include: an application for changing the applicant for enforcement, a creditor's rights transfer agreement, the original applicant's written acknowledgement, relevant certificates showing that the creditor's rights transfer has been notified to the debtor or the transferee, an effective legal document, and materials proving the subject's qualifications. If the court finds that the conditions are met after review, it will issue a ruling on the change, and the transferee can then proceed with the enforcement in his/her own name; if the conditions are not met, the ruling will be rejected. It should be noted that the transfer of creditor's rights must not violate the law or the parties' agreement, such as creditor's rights that the parties agree not to transfer, creditor's rights that cannot be transferred according to the nature of the creditor's rights, and creditor's rights that are explicitly prohibited from being transferred by law. The transferee cannot apply for a change based on these grounds.

1. Problem background and typical scenarios

Credit transfer is very common in the field of enforcement: financial institutions package and transfer non-performing loans to asset management companies, enterprises transfer accounts receivable to factoring companies, and individual creditors transfer judgments-based claims to third parties to quickly recover funds. Changing the applicant for enforcement may seem like just "changing a name", but in practice, there are often obstacles: the original applicant for enforcement has been deregistered or is uncontactable, making it impossible to provide written approval; the creditor's claims have been transferred multiple times, resulting in an incomplete chain; the debtor claims not to have received the transfer notice and denies the effectiveness of the transfer; and the transfer agreement fails to clearly define the scope of the creditor's rights, leading to disputes over the transfer share. When reviewing applications to change the applicant for enforcement in the Beijing area courts, the courts typically focus on verifying the integrity of the transfer chain and the legality of the notification process. Therefore, whether the materials are prepared adequately often directly determines whether the application can be approved.

II. Key points of contention

First, the legality of the transfer of creditor's rights. It is not allowed to agree with the parties in violation of the law, and the creditor's rights that cannot be transferred in nature cannot be transferred either. Second, the written approval of the original applicant for enforcement is one of the necessary conditions for the change. It will become a difficulty when the original subject is deregistered or loses contact. Third, the completeness of the notification procedure. The transfer of creditor's rights usually requires notifying the debtor. Although the transfer's effectiveness between the parties will not be affected if the notification is not made, it will affect the enforceability against the debtor. Fourth, the continuity of the transfer chain. For multiple transfers, it is necessary to provide agreements and approval materials for each link. Fifth, the clarity of the transfer scope. The agreement should specify the content, amount, and scope of the transferred creditor's rights to avoid subsequent disputes over shares.

III. Professional analysis by Henglue Lawyers

For a change of the executor to successfully pass the review, the key lies in "clear chain of evidence and complete materials". Taking a case of liability disputes for shareholders harming company creditors handled by Henglue Law Firm as an example: The intermediary contract dispute between the creditor and a certain company was confirmed by a valid judgment, requiring the company to refund the intermediary service fees; after the judgment took effect, the company failed to fulfill its obligations, and the creditor applied for enforcement. However, the enforcement was terminated due to the company having no assets available for execution. After accepting the case, Attorney Yuan Hang found that the company's shareholders' subscribed capital was 9 million yuan and 1 million yuan respectively, with the subscription period ending in 2039. There were no records of actual payment in the industrial and commercial archives. Based on the relevant judicial interpretations, the attorney argued that: As the executor, the company, after exhausting all enforcement measures without assets and meeting the conditions for bankruptcy but failing to apply for bankruptcy, the shareholders who have not reached the subscription period no longer enjoy the benefit of the subscription period and should bear supplementary compensation liability for the company's unpaid debts within the unsubscribed amount. Therefore, a lawsuit was initiated for liability disputes for shareholders harming company creditors. The court adopted the attorney's opinion and ruled that the two shareholders should bear supplementary compensation liability within the unsubscribed amounts of 9 million yuan and 1 million yuan respectively. This case reflects the dynamic changes of the execution subject and the responsible subject: from the company to the shareholders, and from the original creditor to the transferee. The subjects in the enforcement process are not fixed, but can be changed or added through legal procedures. Therefore, whether it is to change the executor after the transfer of creditor's rights, or to apply for the addition of the executor after discovering new responsible subjects, the evidence should be organized around the "authenticity of the rights basis, sufficient basis for transfer or addition, and complete chain of evidence". The review of the creditor's confirmation and transfer agreement can be combined with this.Business and contract disputes in enterprisesThe experience gained from this; it can be used as a reference for property investigation and enforcementCreditor's rights and debts, and enforcement casesThis is the practical path of the case. The case was handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, 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 adjudicative principles and practical rules, to help the client achieve favorable outcomes.

IV. Practical suggestions and legal basis

According to Article 9 and related provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement" (amended in 2020), as well as the provisions on creditor's transfer in the "Civil Code of the People's Republic of China" (effective January 1, 2021), it is recommended to proceed in four steps: First, verify the legality and completeness of the creditor's transfer agreement, ensuring that it does not fall into the circumstances prohibited by law or the parties' agreement from being transferred; Second, obtain the written approval from the original applicant for enforcement that the third party has obtained the creditor's right. If the original subject has been deregistered, supplementary proof is required through corresponding procedures; Third, prepare the evidence of the creditor's transfer having been notified to the debtor, as well as the agreements and approval materials for each link in the transfer chain; Fourth, submit the application for changing the applicant for enforcement to the enforcement court, cooperate with the court's review, and respond to the objections raised by the debtor if necessary. For matters involving company equity and investment responsibilities, reference can be made to the relevant provisions.Business and contract disputes in enterprisesThe experience; the drafting and review of contracts involving the transfer of creditor's rights can be combined togetherCreditor's rights and debts, and enforcement casesAndSpecialised legal services.

5. Henglue Law Firm's Reminder

The success or failure of changing the executor of the enforcement request depends on the materials. Three reminders: First, when accepting the transfer of creditor's rights, it is necessary to prepare the transfer agreement, notice voucher, and the original creditor's approval together to avoid supplementing materials afterwards; Second, do not ignore the notification procedure. If the debtor is not notified, there will be obstacles to the effectiveness of the enforcement; Third, if the original executor of the enforcement request is deregistered or loses contact, it is necessary to solve the problem through corresponding procedures as soon as possible, and not to wait until the enforcement is blocked before dealing with it.Beijing Henglu Law FirmIt is recommended that the transferee first verify the enforceability of the effective legal documents, the debtor's property status, and the integrity of the transfer chain before accepting the transfer of creditor's rights.

VI. Frequently Asked Questions

Q1: How to change the applicant for enforcement after the transfer of creditor's rights?

According to Article 9 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement", the transferee may apply to change or add himself as the applicant for enforcement, provided that the creditor's rights are transferred in accordance with the law and the original applicant for enforcement acknowledges in writing that the third party has obtained the creditor's rights. The enforcement court shall review the application and make a ruling after that.

Q2: What materials do I need to prepare?

The application for the change of the executor, the creditor's transfer agreement, the written approval of the original executor, the evidence of notifying the debtor of the creditor's transfer, the effective legal documents, the transferee's qualification materials, and the relevant documents of each link in the transfer chain.

Q3: How much does it cost to handle the change?

Generally, there is no need to pay a separate case acceptance fee for the application for change itself, but there will be corresponding fees involved in notarization, auditing, or supplementary proof; the fees for entrusting a lawyer to handle the matter will be determined through consultation on a per-case or per-stage basis, and the written entrustment contract shall prevail.

Q4: How long does it take for the court to review the case?

In the execution process, changes or additions to the parties are generally made by the court in the form of a ruling, and the specific time depends on the completeness of the materials and the review arrangements. If additional materials or a hearing are required, the period will be extended accordingly, subject to the notice of the executing court.

Q5: What should I do first?

First, check the creditor's transfer agreement and the effective legal documents to confirm that the transfer is legal and effective and the scope is clear. Then, obtain the written approval and notification certificates from the original applicant for enforcement, and submit the change application to the enforcement court after organizing the complete materials.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 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 a dispute arises, please consult a practicing lawyer in time.