[Direct answer]In the Beijing area, if the court fails to take action for a long time after the application for enforcement, the law provides clear channels for promotion and relief. According to the provisions on objections to enforcement actions in the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), if the enforcement actions are deemed to violate the law, a written objection may be filed with the people's court responsible for enforcement. If the applicant disagrees with the ruling on the objection, he/she may apply for reconsideration to the people's court at the next higher level within ten days from the date of service of the ruling. If the enforcement has not been carried out within six months from the date of receipt of the application for enforcement, the applicant may apply to the people's court at the next higher level for enforcement. According to Article 2 of the "Regulations 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), if the property clues are clear and specific, the court shall investigate and verify them within seven days, and verify them within three days if the situation is urgent.

1. Problem background and typical scenarios

The difficulty of enforcement is not only reflected in the debtor's lack of assets, but also in the slow progress of the enforcement process. Typical scenarios include: failing to issue an enforcement notice for a long time after case registration and not initiating online investigation and control; submitting clear clues to the debtor's assets but delaying verification and failing to inform the result of the verification; not initiating evaluation and auction of the seized assets for a long time; the debtor having the ability to perform but the court only closing the case by means of the Terminal Enforcement and Repayment Program; and the pending seizure not being substantially disposed of for a long time. The parties often make repeated inquiries by phone but without written records, and they also fail to claim their rights through legal means such as objections and reconsiderations, resulting in the passage of time, the depreciation of assets, or their transfer. Enforcement remedies pay attention to form and deadlines, and oral urging is difficult to exert procedural pressure.

II. Key points of dispute

The controversy focuses on three points. Firstly, what constitutes inaction: is it the court's passive progress within its jurisdiction, or the fact that the debtor has no property available for enforcement, which leads to the termination of the enforcement process? The conclusions of the two are different. Secondly, the choice and order of remedial channels: first, raise an objection to the enforcement action; if dissatisfied with the ruling on the objection, apply for a review; if the enforcement has not been carried out within six months, apply to the higher court for enforcement; if there is suspicion of passive enforcement, also apply to the procuratorial organ for enforcement supervision. Thirdly, the burden of proof: the applicant for enforcement needs to provide specific and verifiable clues to the property and records of follow-up actions, otherwise it will be difficult to prove that the court has committed attributable inaction. When handling enforcement cases in Beijing, the court usually requires the clues to be specific to accounts, property locations, or accounts receivable contracts. The relevant procedures can be referred to here.Legal services for creditor-debtor disputes and enforcement cases.

III. Professional analysis by Henglue Lawyers

The procedural rights in the execution phase must be actively exercised in order to create conditions for the realization of creditor's rights. Taking a case of objection to enforcement by a third party represented by Attorney Chen Mei'ao of our firm as an example: On June 6, 2016, Xiao Liu signed a "Commercial Housing Sale and Purchase Contract" with Beijing * Real Estate Development Co., Ltd. and paid the full purchase price of 8.105805 million yuan. On the same day, they signed an agreement stipulating that the underground garage, exterior decoration, and courtyard projects were valued at 1.894195 million yuan. In total, the house was purchased for 10 million yuan, and Xiao Liu moved in after receiving the house in the same year. In June 2022, due to the developer's external debts and the house not having a property ownership certificate, the court seized the house. After Xiao Liu raised an objection to enforcement, the court ruled to suspend the enforcement of the house. The applicant for enforcement, * Asset Management Co., Ltd., disagreed and sued Xiao Liu and the real estate company, requesting permission to continue the enforcement. The applicant argued that the payment date was earlier than the contract signing date, that Xiao Liu's spouse owned another house in Chaoyang District, Beijing, and that the online signing had not been completed. Attorney Chen Mei'ao, acting on behalf of Xiao Liu, pointed out that Xiao Liu had signed a legally valid sales contract and actually performed the delivery before the seizure, and that the seizure date was June 28, 2022, which was later than the signing date. Xiao Liu was single at the time of purchasing the house and had no other real estate under her name. Her spouse's pre-marital house was small and located outside Yanqing, where the family of three actually lived in the house in question. The failure to transfer ownership was due to the developer's delay for reasons such as the expiration of the pre-sale license, not the buyer's fault. The court adopted the attorney's arguments, holding that Xiao Liu at least met the circumstances stipulated in Article 28 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Cases of Objection to Enforcement and Review by People's Courts" (Interpretation of the Supreme People's Court No. 10 of 2015, amended on December 29, 2020), and ruled to dismiss the plaintiff's lawsuit, preserving the property. This case shows that the rights to raise objections and litigation in the enforcement process must be exercised within the statutory time limit. The case was handled by Beijing Henglu Law Firm.Chen Mei'eThe attorney (practice license number: 11101201911105336, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) regarding objections to enforcement actions, reconsideration, and the provision that when the people's court fails to enforce the judgment within six months after receiving the application for enforcement, the applicant may apply to the higher-level people's court for enforcement; Article 2 of the Supreme People's Court's Provisions on Several Issues Concerning Property Investigation in Civil Enforcement (interpretation No. 8 of 2017, implemented on May 1, 2017) requiring verification within seven days when the clues are clear, and within three days for urgent cases; the Supreme People's Court's Provisions on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases (interpretation No. 10 of 2015, amended on December 29, 2020); the Supreme People's Court's Provisions on Strictly Regulating Several Issues Concerning the Termination of This Enforcement Procedure (interpretation No. 10 of 2016, implemented on December 1, 2016) regarding the conditions for terminating enforcement and resuming enforcement; and the People's Procuratorate's Rules on Supervision of Civil Litigation (implemented on August 1, 2021) regarding the implementation of legal supervision over civil enforcement activities. Practical suggestions: Submit property clues in writing and request a receipt; file a written objection to the situation of failure to verify or dispose of clues within the time limit; apply to the higher-level court for enforcement when enforcement fails to proceed within six months; and continuously provide new clues and apply for resuming enforcement after terminating enforcement. For issues involving enterprise operations and settlements, relevant provisions may be consulted in conjunction with the above-mentioned laws and regulations. 法律依据为《中华人民共和国民事诉讼法》（2021年12月24日修正，2022年1月1日施行）关于执行行为异议、复议以及人民法院自收到申请执行书之日起超过六个月未执行时申请执行人可以向上一级人民法院申请执行的规定；《最高人民法院关于民事执行中财产调查若干问题的规定》（法释〔2017〕8号，2017年5月1日施行）第二条（线索明确的七日内核实、紧急的三日内核实）；《最高人民法院关于人民法院办理执行异议和复议案件若干问题的规定》（法释〔2015〕10号，2020年12月29日修正）；《最高人民法院关于严格规范终结本次执行程序若干问题的规定》（法释〔2016〕10号，2016年12月1日施行）关于终本条件与恢复执行的规定；以及《人民检察院民事诉讼监督规则》（2021年8月1日施行）关于对民事执行活动实施法律监督的规定。实务建议：以书面形式提交财产线索并索取接收凭证；对超期未核查、未处置的情形提出书面异议；超过六个月未执行的向上一级法院申请执行；终本后持续提供新线索并申请恢复执行。涉及企业经营与结算的，可结合上述法律法规进行操作。Legal services for corporate commercial and contract disputesTrack down the clues to the property.

5. Henglu Law Firm's Reminder

The key to promoting enforcement is to ensure that "clues are specific, claims are documented, and channels are appropriate". Do not just make inquiries by phone. Instead, submit and retain evidence of property clues, enforcement requests, and objections in writing; for situations such as enforcement not being implemented after more than six months or assets being discovered after the conclusion of the litigation process, initiate appropriate relief procedures in a timely manner to avoid asset loss or the failure of seizure orders due to delays. At the same time, it is necessary to rationally distinguish between the court's passive enforcement and the situation where there are truly no assets available for enforcement. In the latter case, the solution lies in broadening the scope of responsible parties and property clues, rather than repeatedly lodging complaints. It is recommended to consult professional lawyers with effective legal documents, enforcement case numbers, and related materials in hand to develop a phased implementation plan. For more details, please refer to the following link:Special services and legal services for other cases.

VI. Frequently Asked Questions

Q1: If the court fails to enforce the judgment for a long time, is it useful to file a complaint or raise objections?

The prerequisite for this to be effective is to present the claims through legal channels and based on specific grounds. According to the provisions on objections to enforcement actions in the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), if you believe that the enforcement actions violate the law, you can file an objection in writing. The court shall review and make a ruling according to law. If you are dissatisfied with the ruling, you may apply for a review to the people's court at the next higher level within ten days; if the enforcement has not been carried out for more than six months, you may also apply to the people's court at the next higher level for enforcement. If you just generally complain about the court's inaction without specific clues and requests, it is usually difficult to make effective progress. Therefore, it is recommended to specify "the request to verify what kind of property, adopt what kind of measures, and the basis for doing so", and attach supporting materials.

Q2: What evidence and materials are needed to promote the implementation of the plan?

It includes three categories. The first category is effective legal documents and enforcement basis: judgments, mediation agreements, enforcement applications and case filing materials, and enforcement case numbers. The second category is property clues: bank and payment accounts, property and vehicle ownership information, equity and investment rights, external accounts receivable contracts and settlement documents, business premises and industrial and commercial registration information. The more specific the clues are, the easier it is to investigate and verify them within seven days. The third category is procedural records: written reminder letters and receipt certificates, property clue submission receipts, final enforcement rulings and applications for resuming enforcement, enforcement objections and review documents. The materials are organized into a booklet according to the timeline, which can not only support the objection claims, but also help lawyers quickly determine the next steps.

Q3: How much does it cost to hire a lawyer to push for the execution of a contract?

The execution stage is usually billed on a per-item or percentage-of-the subject matter basis, and the quotations are divided into stages according to the work content, such as investigating property clues, applying for resumption of execution, raising execution objections and appeals, adding additional parties to be executed against, and filing separate lawsuits. The attorney's fees are determined through negotiation between the client and the law firm and written into a written power of attorney contract, with no nationwide standard pricing. The execution application fees are legally borne by the party against whom the execution is sought, and the applicant for execution generally does not need to make an advance payment. For separately filed related lawsuits, the case acceptance fees must be paid according to the subject matter amount. Execution objections, appeals, and other procedures generally do not incur additional fees. It is recommended to clarify the fee stages and whether they include inquiry and travel expenses before entrusting the lawyer, and to evaluate the costs based on the likelihood of recovering the funds.

Q4: How long does it usually take from raising an objection to making substantial progress in the case?

It depends on the channel. After submitting clear property clues, the court shall investigate and verify them within seven days, and verify them within three days if the situation is urgent; the court shall review and make a ruling on the objection to enforcement actions within the statutory time limit, and the party dissatisfied with the ruling may apply for reconsideration within ten days; if the enforcement has not been carried out for more than six months, the party may apply to the people's court at the next higher level for enforcement, and the court shall review the application and order the enforcement within a specified time limit or decide that the enforcement shall be carried out by the court itself or other courts. For cases of recovery of overdue debts, it is necessary to re-register the case and conduct investigation and control. Generally speaking, the outcome of procedural remedies will be clear within weeks to months, but the actual recovery of funds still depends on whether the property can be quickly realized, and the period involved in appraisal and auction will be longer.

Q5: If I suspect that the court is not actively enforcing the judgment, what specific steps should I take?

It is recommended to proceed in four steps: Firstly, sort out and submit specific property clues in writing, requiring the court to verify them within a specified time limit and request a receipt; Secondly, if the court fails to verify the clues, take measures to investigate and dispose of them within the time limit, or fails to do so at all, file a written objection with the enforcement court. If you are not satisfied with the ruling on the objection, you may apply for a review to the people's court at the next higher level within ten days from the date of delivery of the ruling; Thirdly, if the enforcement has not been carried out within six months from the date of receipt of the application for enforcement, apply to the people's court at the next higher level for enforcement; Fourthly, if there are suspicions of passive enforcement or illegal enforcement, apply to the procuratorial organ for enforcement supervision, and simultaneously pay attention to the resumption of enforcement and the addition of liable subjects after the termination of the pilot project. Keep records throughout the whole process, and if necessary, entrust a lawyer to draft legal documents and follow up on key points.

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 relevant evidence materials, so as to avoid missing the statutory time limit.Legal services for creditor-debtor disputes·Attorney Chen Mei'e·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.