[Direct answer]In the Beijing area, the "enforcement of mature creditor's rights" procedure can be implemented: if the debtor is unable to repay the debt but has mature creditor's rights against a third party, the court may, upon application, issue a performance notice to the third party. If the third party does not raise objections within 15 days and fails to perform the obligation, the court may order the enforcement against the third party. If the third party raises valid objections, the enforcement cannot be carried out directly, and the applicant for enforcement must file a separate lawsuit.

I. Problem background and typical scenarios

A typical scenario of creditor's rights enforcement: the company being enforced against has no money in its account, but holds a pile of accounts receivable owed to it by others; the person being enforced against transfers assets to affiliated companies to keep his own account clean; subcontracted project payments, payments for goods, rents, and other creditor's rights are clear, but no one goes to collect them. Creditor's rights enforcement is a process of turning "paper assets" into real money.

II. Key points of contention

First, the distinction between mature and unripe debts. Unripe creditor's rights cannot be directly enforced in principle, and can wait until they mature or proceed with subrogation litigation. Second, the effectiveness of the third party's objection. If the third party raises written objections such as "the creditor's rights do not exist, have been repaid, or are disputed" within 15 days, the enforcement process will be suspended, and the substantive dispute will be resolved through litigation. Third, the malicious collusion of the secondary debtor. If the debtor and the third party sign a repayment agreement or fabricate a set-off, the debtor can be revoked and held accountable. Fourth, the parallelism of subrogation litigation. After the objection is established, the creditor can directly sue the secondary debtor based on the right of subrogation.

III. Professional analysis by Henglue Lawyers

This case is handled by Beijing Henglu Law Firm.Yuan HangAttorney (Practice License No.: 11101202110286151, subject to the certificate issued by the judicial administrative authority) acting on behalf of the client. The key points of defense and offense in the enforcement of mature debts will be discussed in detail. **Clue Discovery Phase**: - Where to find the debtor’s claims against third parties? - Review the debtor’s accounts and contracts (request an audit or property declaration during enforcement), searchable judgments of the debtor’s unresolved cases as a plaintiff, and visit the transaction counterparties (receivables relationships within the industry). - For corporate debtors, tax declarations and invoice data also reveal receivable scales. **Procedural Initiation Phase**: - Apply to the enforcement court to enforce the debtor’s mature debts. The court issues a performance notice to the third party, stating the amount of debt owed to the debtor, a 15-day objection period, and the consequences of failing to object within the deadline. - If the third party fails to object or perform, the court orders direct enforcement of their assets. **Objection Response Phase**: - Valid objections from the third party (non-existent claims, paid in full, disputed amounts) halt direct enforcement. - Two follow-up channels: - Initiate a subrogation lawsuit against the secondary debtor in the applicant’s name, with the secondary debtor bearing the litigation costs. - Review the objections’ authenticity. Fraudulent objections (temporary signing of repayment agreements, fictitious debt offsets) trigger court review to invalidate the acts and impose liability. **Lessons from Firm’s Enforcement Cases**: - In a case involving a company with no assets for enforcement, the attorney pursued the shareholders through "piercing the corporate veil," ensuring the shareholders’ capital contributed to guarantee the company’s debts. - In a loan dispute, the attorney arranged installment payments through mediation and secured a clause stating that "violation would trigger enforcement of the full balance," integrating settlement flexibility with enforcement deterrence. - Key advice for enforcement applicants: - Submit evidence of claims during enforcement application to maximize efficiency. - Maintain communication with enforcement judges during the 15-day objection period and promptly evaluate objections’ validity and initiate subrogation litigation. - For inter-company debts, preserve transaction records and review evidence of malicious collusion. Beijing courts have matured the coordination between enforcement of mature debts and subrogation litigation, creating a complete cycle of receivables monetization through two-tiered enforcement and litigation coordination.

IV. Practical suggestions and legal basis

The first step is clue investigation: identifying receivable claims through three sources—accounting records, litigation-related documents, and invoice data. The second step is notification and pressure application: issuing performance notices to third parties and making full use of the 15-day objection period. The third step is objection response: initiating subrogation litigation immediately after receiving valid objections, and applying for the revocation of malicious collusion-related applications. The fourth step is path combination: using tools such as creditor enforcement, subrogation litigation, and shareholder supplementation in combination with the asset structure. Main legal basis: - The "Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (Trial)" regarding the enforcement of mature claims; - Article 535 of the Civil Code of the People's Republic of China (Subrogation Right); - The "Civil Procedure Law of the People's Republic of China" regarding enforcement measures; - Specific applications shall be subject to the currently effective laws and regulations.

5. Henglu Law Firm's Reminder

The fact that the debtor "has no money in his account" doesn't mean there's nothing to enforce: accounts receivable, shareholders' contributions, and related-party transactions are all targets within the scope of enforcement. The two-level linkage of enforcing mature claims and filing subrogation lawsuits is the standard approach to recovering "on-paper assets". Cases involving claim enforcement and subrogation lawsuits can be handled through the following methods:Creditor's rights and debts, and enforcement casesYou can refer to the overall solution for services involving corporate debt and shareholder liability.Business and contract disputes in enterprisesThe modules involving mediation, installment payments, and the enforcement of settlement agreements can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Can unpaid debts be enforced before their due date?

In principle, it cannot be directly enforced. You can either apply for enforcement after the expiration date or initiate a subrogation lawsuit.

Q2: Can the enforcement proceed after the third party raises an objection?

Directly enforce the stop, but after winning the lawsuit against the secondary debtor (subrogation litigation), you can enforce his/her property.

Q3: Can the execution proceed even if there is a dispute over the amount of the creditor's claim?

The disputed part cannot be directly enforced, but the undisputed part can be enforced after the confirmation of the subrogation lawsuit.

Q4: What should I do if the person subject to enforcement and a third party collude with each other?

Fictitious settlement and set-off may be subject to review and revocation, and those who commit serious offenses may be held accountable for obstructing the execution of the judgment.

Q5: What are the requirements for a subrogation lawsuit?

When the creditor's claim is legally due, the debtor fails to exercise his rights, and this affects the realization of the creditor's claim, the creditor may then sue the secondary debtor in the place of the debtor.

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 Henglue Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits.Legal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current 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. If a dispute arises, please consult a practicing lawyer in a timely manner.