[Direct answer]In the Beijing area, the costs of creditor's right of revocation lawsuits mainly consist of case acceptance fees and necessary expenses. According to Article 540 of the Civil Code of the People's Republic of China (effective January 1, 2021), the scope of exercising the right of revocation is limited to the creditor's claim. The necessary expenses for the creditor to exercise the right of revocation shall be borne by the debtor, and reasonable attorney's fees may be claimed together with the litigation request. There are two approaches to case acceptance fees in practice: some courts charge 50 yuan to 100 yuan per case for non-property cases, and some courts charge according to the property amount claimed for revocation, cumulatively calculated according to the standards for property cases in the "Measures for the Payment of Litigation Costs" (effective April 1, 2007). The losing party shall bear the costs, which shall be determined by the court accepting the case. Special note: The right of revocation shall be exercised within one year from the date when the creditor knows or should have known the grounds for revocation, and the maximum period shall not exceed five years from the date when the debtor's act occurs. It is recommended to first fix the evidence of the debtor's gratuitous disposition and low-price transfer, and then evaluate the cost of suing. For more details, please refer to the following link:Creditor-debtor relations and enforcement case services.

I. Problem Background and Typical Scenarios

Creditor's right of revocation disputes are commonly encountered in scenarios where enforcement fails after winning the lawsuit: the debtor has already "left the house empty-handed", transferred the house to parents or children without compensation, transferred vehicles and equity to relatives and friends at prices far below market value, or used a divorce agreement to allocate all major assets to one party. In the face of such "false judgments and real debt evasion", creditors can file lawsuits for creditor's right of revocation in accordance with Articles 538 and 539 of the Civil Code, requesting the court to revoke the debtor's disposal acts and return the property to the scope of liable property. Before deciding to sue, what people are most concerned about is often the cost: how much acceptance fees and attorney's fees need to be paid, and whether the other party can bear them. In cases involving the validity of low-price transfer of real estate, it can be combined with other evidence to prove the debtor's malicious intent to evade debts.Real estate sales and construction project servicesEvaluate them together.

II. Key points of contention

First, whether the right of revocation can be established: whether the debtor has carried out acts such as gratuitous disposition and transfer at a significantly unreasonably low price, which affect the realization of the creditor's rights. According to the judicial interpretation of the Supreme People's Court on the Application of the General Provisions of the Contract Chapter of the Civil Code of the People's Republic of China (effective from December 5, 2023), if the transfer price does not reach 70% of the market transaction price at the time of the transaction, it can generally be deemed a significantly unreasonably low price. Second, the scope of expense burden: it is a statutory rule that necessary expenses shall be borne by the debtor, but attorneys' fees must be explicitly stated in the claim. The court usually adjudicates in favor of the reasonable part supported by documentary evidence. Third, the issue of time limit: once the one-year exclusionary period has passed, the right of revocation is extinguished, and the court will no longer review the merits of the case. For cases involving the review of the background of the contract transaction, reference can be made to the relevant provisions.Business and contract dispute resolution services for enterprises.

III. Professional analysis by Henglue Law Firm

Based on practical observations of handling revocation rights and enforcement cases, the costs can be divided into three categories. The first is the acceptance fee: it is prepaid according to the court's requirements when filing the case. If the revocation request is fully granted, it shall be borne by the debtor; if it is partially granted or unsuccessful, it shall be shared proportionally or borne by the debtor himself. A reasonable expectation should be made before suing. The second is the attorney's fee: although the law stipulates that the necessary expenses shall be borne by the debtor, it is necessary to actively include them in the litigation request and submit the power of attorney contract and payment vouchers. In practice, the court will determine the fee based on its reasonableness and may not approve it in full. The third is the opportunity cost: after the revocation right is successful, the property only returns to the debtor's liable property, and the creditor still needs to be compensated through enforcement, rather than being directly awarded to the creditor. Therefore, it is advisable to design it in conjunction with the enforcement process. Beijing district courts are stricter in reviewing the one-year exclusion period, and it is necessary to check the deadline before suing. For revocation disputes involving loans, it can be combined with other cases.Financial capital and cross-border legal services involving foreign affairsHandle it.

IV. Practical suggestions and legal basis

The legal basis is Article 538 of the Civil Code (effective January 1, 2021) (the right of revocation in the case of gratuitous disposition), Article 539 (the right of revocation when the consideration is obviously unreasonable and the counterparty is aware of it), Article 540 (the scope of exercise is limited to the creditor's rights, and the necessary expenses shall be borne by the debtor), Article 541 (the one-year exclusionary period and the maximum five-year period); Article 13 of the Measures for Payment of Litigation Costs (effective April 1, 2007) regarding the standard of payment of case acceptance fees. Practical suggestions: First, retrieve the archives of real estate registration, vehicles, and equity changes to fix the disposition behavior and time; compare the difference between the market price and the transaction price; clearly claim in the lawsuit that the necessary expenses shall be borne by the debtor; and apply for enforcement of the relevant property after winning the lawsuit. For revocation disputes in the context of enterprise accounts receivable, reference can be made to the relevant provisions.Business and contract dispute resolution services for enterprises.

5. Henglu Law Firm's Advice

The right of revocation is a right that "expires and becomes invalid". The one-year exclusionary period is not long. If you find signs of the debtor transferring property, you should immediately gather evidence and evaluate the possibility of suing him/her, and never delay it due to concerns about costs. In terms of fees, remember to include the lawyer's fees in the lawsuit and prepare all the receipts; in terms of evidence, focus on fixing the transfer time, price, and related relationships; in terms of procedures, you can link it with the enforcement case. If the revocation is successful, you can apply for the enforcement of the property. If you have already identified specific transfer behaviors, it is recommended to consult a professional lawyer as soon as possible to develop a "revocation + enforcement" combination plan, so as to make every penny of cost count. For reference, please refer to the following link:Special services and other case servicesObtain matching support.

VI. Frequently Asked Questions

Q1: Can I win the lawsuit for the creditor's right of revocation, and will the property be directly returned to me after the revocation?

The success of the lawsuit depends on whether the debtor has committed acts such as gratuitous disposal or transfer of property at a grossly unreasonable low price, whether these acts affect the realization of your creditor's rights, and whether the lawsuit is filed within the one-year exclusionary period. If the right of revocation is established, the court will revoke the debtor's disposal acts, and the property will return to the scope of his liable assets, but it will not be directly awarded to the creditor. You will still need to recover the compensation for the property through the enforcement process. If the counterparty has paid a reasonable consideration and is unaware of the situation, the request for revocation may not be supported. It is recommended that you consult a lawyer before filing a lawsuit to evaluate the nature of the acts, the price difference, and the time limit, so as to form reasonable expectations and not to believe in any promises of success in the lawsuit.

Q2: What evidence do I need to prepare to file a lawsuit for the right of revocation?

The core evidence includes: a valid judgment, promissory note, or contract proving that you have a legal claim against the debtor; real estate registration information, vehicle and equity transfer records, divorce agreements, or gift contracts proving the disposition of assets; market evaluations or reference prices of transactions during the same period proving that the price is obviously unreasonable; enforcement termination rulings or property inquiry feedback proving that the debtor has lost the ability to repay; and materials proving the relative's family relationship or affiliation with the debtor, indicating that the relative knew or should have known about the circumstances. The evidence should be organized item by item around the sequence of "having a claim - disposition of assets - damage to the claim - abnormal price - within the time limit", and then be used to initiate a lawsuit after forming a complete chain of evidence.

Q3: Can the attorney's fees for a revocation lawsuit be charged to the debtor?

This can be claimed. According to Article 540 of the Civil Code, the necessary expenses for the creditor to exercise the right of revocation shall be borne by the debtor. In judicial practice, reasonable attorney's fees are usually included in the necessary expenses, but the prerequisite are that they are explicitly stated in the litigation request and the power of attorney contract, payment vouchers, and invoices are submitted for the court's review. The court generally determines the reasonable part based on the difficulty of the case and the local fee level, and may not approve it in full. The case acceptance fee shall be borne by the losing party, and the successful party shall share it proportionally. It is recommended to clarify the charging method in writing with the law firm before entrusting them, and to prepare all the expense documents during the litigation to increase the probability of obtaining support.

Q4: How long does it usually take to reach a verdict in a lawsuit for the right of revocation?

The first-instance ordinary procedure is generally concluded within six months, and the summary procedure is within three months; revocation right cases usually require reviewing the transfer background and price, and the ordinary procedure is mostly applied. If the other party appeals, the second-instance procedure generally takes three months. After winning the lawsuit, if the debtor still fails to perform, it is necessary to apply for forced execution to dispose of the relevant property. The overall cycle is often more than half a year. The one-year exclusionary period only binds the time of suing. After suing, it will not be extinguished due to the progress of the procedure. Therefore, if you find a transfer behavior, you should sue as soon as possible to seize the time limit, and at the same time, apply for property preservation to prevent the property from being disposed of again, so as to shorten the actual recovery time.

Q5: If I discover that the debtor is transferring property, what should I do first?

Here's the translation of the Chinese (Simplified) sentence into English, with a detailed explanation: In four steps: First, immediately secure evidence, retrieve property registration, vehicle, and equity transfer records, as well as divorce agreements and gift contracts, and record the time and price of the disposal; Second, verify the time limits to ensure that the period from the date when the debtor knew or should have known about the grounds for revocation does not exceed one year, and the period from the date of the act does not exceed five years; Third, evaluate other remedial options, such as adding the debtor to the enforcement list, applying for an audit, or requesting property preservation, and select the most cost-effective solution; Fourth, file a revocation action within the time limit and claim that the necessary expenses should be borne by the debtor. If necessary, apply for property preservation concurrently. It is recommended to organize the materials and consult a lawyer to determine the specific plan.

The above content is based on the judicial practice 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·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.