[Direct answer]In the Beijing area, the debtor's accounts receivable belong to enforceable property. The process is to freeze the creditor's rights and notify the debtor to fulfill the obligation. According to Article 501 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (Legal Interpretation [2022] No. 11), the people's court may issue a ruling to freeze the debtor's due claims against others and notify the other party to fulfill the obligation to the applicant for enforcement; if the other party has objections to the due claims, the enforcement of the objectionable part shall not be carried out; if the other party denies the due claims determined by the effective legal documents, the people's court shall not support it. In practice, the creditor should first submit contract, settlement note, invoice and other creditor's rights certificates, apply for freezing in time and pay attention to the renewal of the freeze.
1. Problem background and typical scenarios
The debtor has no real estate or vehicles under his name, but he enjoys claims for payment, project payments, rent, or service fees against downstream customers, which is the most common "invisible property" in enforcement. Typical scenarios include: the supply enterprise's payment period has not arrived or it has been delayed for a long time; the construction enterprise has unpaid project payments that have been settled; the debtor operates under someone else's name and has the related company collect payments on his behalf. The difficulty lies in verification: the claims are usually not registered or publicized, and it is necessary to use materials such as contracts, invoices, and account statements to reconstruct them; if we just wait for the court to investigate and control the bank accounts, we often get nothing.
II. Key points of dispute
The controversy focuses on three points. Firstly, whether the creditor's rights have matured and whether the amount is certain: un-matured creditor's rights are generally difficult to enforce directly, and the amount in question needs to be confirmed first. Secondly, the effectiveness of the secondary debtor's objection: according to the aforementioned judicial interpretation, if an objection is raised against a matured creditor's right, the enforcement of the disputed part shall not be implemented, and the court shall not conduct a substantive review. The applicant for enforcement shall seek other remedies. Thirdly, creditor's rights that have been confirmed by effective legal documents: if the secondary debtor denies them again, the court will not support it. When handling such cases in Beijing, the court usually requires the applicant for enforcement to provide preliminary evidence of the existence and amount of the creditor's rights.
III. Professional analysis by Henglue Lawyers
The implementation of enforcement often depends on whether the identification of the responsible parties and the ownership of the funds is accurate. Taking the case of enforcement objections and execution reversal handled by lawyers Ma Qianwen and Song Meina from our firm as an example: In the loan dispute between F Group and Liu Gang, Li Hongmei, and Liu Qingqing, the People's Court of Zhongshan District, Dalian City mistakenly added Li Hongmei and Liu Qingqing as the respondents on August 2, 2018; later, after the transfer of creditor's rights, Zhang Nan became the applicant for enforcement. The court seized and auctioned the remaining 2,370,670 yuan of Liu Qingqing's house and deposits, as well as 26,096.26 yuan of Li Hongmei's deposits, and auctioned her bank shares to distribute 1,696,320 yuan. On August 19, 2024, the court revoked the additional execution order and rejected F Group's objection to the addition, requiring Zhang Nan to return Li Hongmei's property and interest. Zhang Nan raised objections to prevent the return. The lawyers argued: The divorce agreement is legal and effective. Li Hongmei's house was registered in 2010, and the 2017 divorce agreement was a true expression of intent. There was no malicious transfer. Execution reversal is a legal procedure for the court to correct its own erroneous additions. The executed property should be returned after the revocation of the additional execution order. According to Article 65 of the "Regulations on Several Issues Concerning the Enforcement Work of the People's Courts (Trial)" (issued on July 18, 1998 and amended on December 29, 2020), execution reversal should include the interest earned on the acquired property. The court adopted the lawyers' arguments and ruled to amend the first item of the enforcement order, ordering Zhang Nan to return Li Hongmei's enforcement funds of 2,057,814.61 yuan and interest within ten days of receiving the ruling. This case highlights the importance of accurately identifying the enforcement targets and responsible parties, and that erroneous enforcement can be corrected through execution reversal. The case was handled by Beijing Henglu Law Firm.Ma QianwenAttorney (Practice Certificate No.: 11101202411865324, subject to the certificate issued by the judicial administrative organ),Song MeinaThe lawyers (practice license number: 11101202511880410, subject to the document issued by the judicial administrative organ) act as joint agents.
IV. Practical suggestions and legal basis
The legal basis is Article 501 (Enforcement of Mature Claims) of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (Law Interpretation [2022] No. 11); the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (Trial Implementation) (implemented on July 18, 1998, and amended on December 29, 2020) regarding the issuance of notifications to third parties to fulfill mature debts, third-party objections, and enforcement; and Article 535 (Subrogation Right) of the Civil Code of the People's Republic of China (implemented on January 1, 2021). Practical suggestions: Collect contractual documents, settlement notes, invoices, account statements, and other creditor's proofs in advance and submit them to the court in writing; apply for freezing the creditor's rights and renew the seal in time; if the secondary debtor has no objections and fails to perform, apply for enforcement; if the debtor raises objections, initiate a subrogation lawsuit in a separate case. For settlement disputes between enterprises, relevant provisions can be referenced in conjunction with the Civil Code of the People's Republic of China.Legal services for corporate commercial and contract disputesHandle them together.
5. Henglu Law Firm's Reminder
The key to effective collection of accounts receivable lies in "early detection and accurate execution": early detection and freezing of funds to prevent the funds from being settled and transferred during the objection period; accurate identification of creditor's documents and due dates to prevent objections being stalled due to unclear amounts. At the same time, attention should be paid to timely renewing the freezing period when it expires. If the secondary debtor raises objections, it is necessary to evaluate as soon as possible the feasibility of initiating a subrogation lawsuit or continuing the enforcement of the effective documents for the confirmed part. For more enforcement solutions, please refer to the following link:Legal services for creditor-debtor relations and enforcement cases.
VI. Frequently Asked Questions
Q1: Can the debtor's accounts receivable be enforced, and can they be fully enforced and recovered in full?
It can be executed, but whether the full amount can be recovered depends on whether the creditor's claim has matured, whether the amount is certain, and whether the secondary debtor raises objections. According to Article 501 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (Law Interpretation [2022] No. 11), the court may freeze the creditor's claim and notify the secondary debtor to perform the obligation to the applicant for enforcement; if the secondary debtor raises objections in accordance with the law, the enforcement of the disputed part shall not be forced, and it is necessary to confirm it through separate litigation. If the creditor's claim certificate is complete and has been confirmed by a valid judgment, the probability of successful enforcement is relatively high; if the certificate is scattered and the amount is in dispute, it is often necessary to first fix the rights through litigation.
Q2: What evidence materials are required to apply for the enforcement of accounts receivable?
The key point is to prove the authenticity and maturity of the creditor's rights: the sales contract, construction contract or service contract signed by both parties; settlement statements, account reconciliation statements, acceptance certificates; invoices and tax payment certificates issued; correspondence, payment reminders and the debtor's responses; and the debtor's industrial and commercial registration information and contact details. The more complete the above materials are, the easier it will be for the court to issue a freezing order and enforce the performance of the obligation. If the creditor's rights have been confirmed by an effective legal document, and the debtor denies them again after the submission of the document, the court will not support such denial.
Q3: How much does it cost to manage accounts receivable?
There is no separate application fee for applying for a freeze on creditor's rights and enforcement. The enforcement application fee shall be borne by the party subject to enforcement in accordance with the law; if it is necessary to file a subrogation lawsuit or a confirmation lawsuit separately, the case acceptance fee shall be paid in accordance with the amount of the litigation request in stages according to the "Measures for the Payment of Litigation Fees", and shall be borne by the losing party or shared in accordance with the proportion of responsibility. Lawyer's fees are usually charged on a per-case basis or on a percentage of the subject matter. The quotes for the two stages of litigation and enforcement shall be determined separately, and the specific charges shall be subject to the written entrustment contract. It is recommended to first evaluate the feasibility of the creditor's rights and then decide whether to invest in litigation costs.
Q4: How long does it usually take from the moment the application for a freeze is submitted to the moment the funds are deposited into the account?
The pace of the process depends on whether the secondary debtor cooperates. If there are no objections and the debtor voluntarily fulfills their obligations, the funds can be received in as little as a few weeks. In practice, there have been cases where the enforcement was completed within a few days after the creditor's rights were frozen. If objections are raised, the court cannot enforce the disputed parts and will need to file a subrogation lawsuit separately. The first-instance ordinary procedure generally takes six months, the summary procedure takes three months, and the second-instance appeal generally takes three months. After that, the process may still enter a new enforcement phase.
Q5: If the secondary debtor says "I don't owe the money" and raises an objection, what should I do?
First, determine the nature of the creditor's rights and then choose the appropriate approach. If the creditor's rights have been confirmed by an effective legal document and the secondary debtor denies them, the court will not support the claim according to law, and the creditor may apply for continued enforcement. If the creditor's rights are unconfirmed and due, and the secondary debtor raises objections within the statutory time limit, the enforcement of the disputed part cannot proceed. In this case, the creditor may file a subrogation lawsuit separately and request the secondary debtor to perform directly towards the creditor. At the same time, the creditor should verify whether there are circumstances of collusion between related parties or false objections, and, if necessary, claim the revocation or addition of liable parties.
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.
VII. Related public cases (for reference only, not handled by our firm)
The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.
[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Manzhouli City, Inner Mongolia Autonomous Region (Case of Zheng * Applying for Enforcement against Zhang * and * Meat Processing Company in a Contract Acceptance Dispute)
[Judicial Summary]The applicant, Zheng * *, applied for the enforcement of the project payment of 50,547 yuan and interest based on the effective legal documents. During the enforcement process, the court found that the defendant, * Meat Processing Company, had a matured creditor's right against an unrelated meat store that was sufficient to satisfy the debt. Therefore, the court issued an enforcement ruling to the secondary debtor, froze the matured creditor's right (with a freezing period of twelve months), and specified that during the freezing period, the debtor could not make payments to the defendant. If the debtor made payments without authorization and caused the property to be irrecoverable, the secondary debtor would bear joint and several liability for repayment within the scope of the property already repaid to the defendant. The court also issued a notice of deadline for performance, notifying the secondary debtor to directly perform the obligations to the applicant. Through the enforcement of the unrelated party's debt against the defendant, all the project payments were successfully enforced. The case was completed within just nine days.
[Source]The official website of the court system of Inner Mongolia Autonomous Region (People's Court of Manzhouli City: Case Interpretation of Law - Zheng *'s Application for Enforcement of Zhang *'s Contract Dispute Case) (2023-12)
[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Ruzhou City, Henan Province (execution case of construction contract disputes)
[Judicial Summary]The court ruled that the defendant, Mao *, should pay the applicant, * Construction Engineering Labor Company, nearly 2 million yuan in project payments and interest. After entering the enforcement process, only over 40,000 yuan was deducted from his bank and WeChat accounts through online investigation and control. Due to the lack of other enforceable assets, the enforcement process was terminated. Later, the court learned that Mao * had a creditor's right against * Machinery Company in Zhengzhou. Therefore, the court sent police officers to investigate and served the company with a notice of a third party to perform a due obligation, requiring it to directly pay the overdue creditor's right of 2.2 million yuan to the applicant. The machinery company raised an enforcement objection, but the objection was rejected according to law because the creditor's right had been confirmed by a valid judgment. The company voluntarily provided its bank account number, and the court forcibly deducted the 2.2 million yuan to the court's account, enabling the case to be successfully enforced.
[Source]The official website of the court system in Henan Province (Ruzhou Court Network: "Executive Smart Tricks: Enforcement of a Third Party's Matured Creditor's Rights") (2025-04)
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. →\nLegal 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 publicly available 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. In case of disputes, please consult a practicing lawyer in time.