[Direct answer]In the Beijing area, the debt interest during the delay in performance is composed of two parts: the general debt interest and the doubled part of the debt interest. According to Article 260 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), if the debtor fails to perform the obligation of monetary payment within the period specified in the effective legal document, he shall pay the doubled debt interest during the delay in performance. The doubled part shall be calculated according to Article 1 of the Interpretation of the Supreme People's Court on the Application of Law to Calculate the Debt Interest During the Delay in Performance in the Enforcement Procedure (Law Interpretation [2014] No. 8), with the unpaid monetary debt as the base and calculated at a daily rate of 1.75‰, starting from the date of expiration of the performance period and ending on the date of completion of the performance. It is recommended to apply to the court in writing as soon as possible to calculate it according to law and keep the deposit receipts in detail.

I. Problem Background and Typical Scenarios

After the judgment takes effect, if the debtor fails to make payments on schedule, the creditor often only claims the principal and the interest determined by the judgment, ignoring the doubled interest during the delay in performance. Typical scenarios include: the judgment's main text states that the debtor shall pay double interest on the debt during the delay in performance, but the parties do not know how to calculate it; the debtor makes partial repayments in succession, and the parties dispute over the remaining calculation basis and deadline; cases of phased performance have different starting points for each period, leading to calculation confusion; after the execution settlement, if the debtor violates the agreement again, there will be disputes over whether interest should be calculated during the settlement period. Such disputes mainly occur in the execution stage, which directly determines the actual amount of repayment. Improper claims may result in underestimation or reduction of the amount. For related execution procedures, please refer to the following materials for reference:Creditor-debtor relations and enforcement case services.

II. Key points of contention

The controversy focuses on three aspects. Firstly, the calculation base: The doubled portion is based on the monetary debts determined by the effective legal documents, excluding the general debt interest. The interest and penalty interest determined by the judgment are not included. Whether the breach of contract damages and attorney's fees belong to the calculation base often becomes the focus of attention. Secondly, the starting and ending dates: Generally, it starts from the date of expiration of the performance period determined by the effective legal documents. For phased performance, it starts from the date of expiration of each performance period. For those without a specified performance period, it starts from the date of effectiveness of the legal documents. It ends on the date when the debtor completes the performance. For cases where the court transfers deposits, auctions the property, or uses the property to offset the debt, the starting and ending dates are determined according to the corresponding milestones. Thirdly, the order of repayment: When the debtor's property is insufficient to repay all debts, the monetary debts determined by the effective legal documents shall be repaid first, followed by the interest on the doubled portion of the debts, unless otherwise agreed by the parties. For the determination of the structure of the principal and interest, reference can be made to the relevant provisions.Business and contract dispute resolution services for enterprises.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling enforcement cases, although the calculation rules for doubled debt interest are clear, errors still occur frequently during enforcement. Common problems include: creditors only claim principal and interest according to the judgment, but fail to apply for doubled interest in writing; after partial performance, the base amount is not deducted item by item, and the amount is overestimated and subject to reduction by the court; the period of interest-free enforcement, such as suspension of enforcement and review, is not clearly grasped, resulting in a compressed claim period. In Beijing court enforcement practice, applicants are generally required to submit a daily calculation breakdown, listing the base amount, start and end dates, and amounts, to facilitate the enforcement judge's calculation. Henglue Lawyers usually recommend: submitting a list of calculation of doubled interest and its basis when applying for enforcement; updating the base amount after each payment and retaining the transfer vouchers; if there are objections to the enforcement court's calculation results, raising objections to the enforcement act or applying for review in accordance with Article 232 of the Civil Procedure Law of the People's Republic of China. For real estate disposal, it can be combined with other relevant provisions.Real estate sales and construction project servicesMake progress simultaneously.

IV. Practical suggestions and legal basis

The legal basis is Article 260 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), and Articles 1 to 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Calculating Interest on Debts for Delayed Performance in Enforcement Procedures (Law Interpretation [2014] No.8, implemented since August 1, 2014), which respectively stipulate the calculation method, the starting and ending points, and the order of repayment. Practical suggestions: First, incorporate the claim for doubled interest into the enforcement application in writing and attach a daily calculation table; Second, clarify the scope of the base amount and exclude the interest and penalty interest already determined by the effective legal documents; Third, start the calculation from the due date of each installment when the debtor performs the obligation in installments; Fourth, update the base amount in time after each collection and keep the relevant evidence; Fifth, raise objections to the enforcement actions in accordance with the law if the enforcement court calculates the interest incorrectly. The period of suspension or deferral of enforcement not initiated by the debtor's application, and the period of suspension of enforcement during the retrial, shall not be calculated for the doubled part of the debt interest. The debtor shall actively explain this to the court and submit the corresponding ruling. For those who need an overall enforcement plan, they may refer to the relevant provisions.Special services and other case services.

5. Henglue Law Firm's Reminder

The interest on the doubled portion of the debt is a statutory right, but it will not be automatically calculated. It usually requires proactive assertion and provision of calculation basis in the enforcement process. Three tips: First, apply for enforcement as soon as possible after the judgment takes effect. The longer the delay, the more interest will accrue, but it may also be more difficult to locate the debtor's enforceable assets; Second, distinguish between the general interest on the debt and the interest on the doubled portion of the debt to avoid double counting or omissions; Third, fix the evidence in a timely manner after the performance is completed, a settlement is reached, or payments are received to prevent the other party from disputing the deadline. For cases that have already entered the enforcement process, it is recommended that a lawyer sort out the calculation details and, if necessary, apply for measures such as property investigation and restriction of high-consumption simultaneously. For more enforcement-related issues, please refer to the relevant materials.Beijing Henglue Law FirmRelated columns.

VI. Frequently Asked Questions

Q1: If a party claims double interest during the period of delayed performance, will the court definitely support it?

It may not be automatically supported, but the court usually grants support when the conditions are met. The prerequisites are that the effective legal document establishes the obligation to pay money, the debtor fails to perform within the specified period, and the applicant actively raises the claim and provides the basis for calculation. The court will review whether the base amount is accurate: the base amount shall be the monetary debt determined by the effective legal document, excluding the general debt interest. The interest and penalty interest determined by the judgment shall not be included, and the excess part will be reduced. If the debtor has partially performed, the case has been suspended, or an enforcement settlement has been reached, the start and end dates need to be calculated separately. Therefore, whether the claim can be supported depends on whether the calculation is accurate and the basis is sufficient, rather than a simple promise of the outcome.

Q2: What evidence materials are needed to claim double interest?

The core materials include: the effective judgment, ruling or mediation agreement and their service receipts, which are used to determine the performance period and the calculation base; the acceptance and filing materials of the enforcement case; the payee's payment receipts, bank statements and court transfer notifications, which are used to determine the time and amount of each performance; the auction completion ruling, debt settlement ruling or completion certificate of asset disposal, which are used to determine the deadline; the enforcement settlement agreement and related performance records; and a daily calculation breakdown table. If the general debt interest is claimed together, it is necessary to attach the effective legal documents to determine the calculation method. The key point of material preparation is to be able to correspond to the base change points item by item, so as to avoid general calculation being reduced by the court.

Q3: How much does it cost to demand double interest?

The interest on the doubled portion of the debt is a statutory component of the enforcement process. Generally, it is claimed together with existing enforcement cases, without the need to file a separate lawsuit and pay fees, which is relatively cost-effective. If an objection to the enforcement action is raised due to an error in the enforcement court's calculation, no additional litigation fees will be charged. The actual costs arise from the separately initiated litigation: for example, if a lawsuit is filed separately regarding the enforcement basis, the litigation fees will be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation subject and will be borne by the losing party. The fees for hiring a lawyer will be charged according to the terms of the contract, usually on a per-case or percentage-of-the-subject basis. It is recommended to first calculate the amount that can be claimed, then compare it with the time and cost involved to determine whether it is worth initiating a separate procedure.

Q4: How long does it take from making the claim to actually receiving the doubled interest?

The doubled interest is calculated throughout the enforcement process, and there is no separate trial period. According to Article 233 of the Civil Procedure Law of the People's Republic of China, if the people's court fails to enforce the judgment within six months from the date of receiving the application for enforcement, the applicant for enforcement may apply to the people's court at the next higher level for enforcement. The doubled part of the debt interest is calculated until the actual performance is completed, or until the court's decision on the allocation and auction of the property takes effect. Therefore, the earlier the repayment is made, the less interest will be charged. In practice, cases where the debtor has property available for enforcement see faster repayment, while cases where it is difficult to locate the debtor's assets have a significantly longer recovery period. It is recommended to submit property clues and calculation lists simultaneously when applying for enforcement.

Q5: If I can't claim the doubled interest or have calculated it incorrectly, what should I do specifically?

The process can be divided into three steps: 1. First, check the performance period and base amount specified in the effective legal document, and self-audit the calculation details to ensure there are no errors in the base amount or time periods. 2. Submit a written application and daily calculation details to the people's court responsible for enforcement, requesting that the calculation be performed in accordance with the law and included in the enforcement target. 3. If you have objections to the calculation results or the court's decision not to calculate the amount, you may file an objection to the enforcement action in accordance with Article 232 of the Civil Procedure Law of the People's Republic of China. If you are dissatisfied with the ruling on the objection, you may apply for a review to the higher-level people's court within 10 days from the date of service, or apply for enforcement supervision in accordance with the law. During the entire process, it is important to preserve the service receipts and communication records. If necessary, you may entrust a lawyer to perform the calculation and submit the materials on your behalf.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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, to avoid missing the statutory time limits. →Legal 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. In case of disputes, please consult a practicing lawyer in time.