[Direct answer]In the Beijing area, the protection of due claims is carried out in two stages: 1. **Litigation or arbitration stage**: Apply to the court where the case is heard for property preservation, requesting to freeze the debtor's due claims against third parties and prohibiting secondary debtors from making repayments to the debtor. 2. **Execution stage**: Apply to the execution court to issue a performance notice regarding the debtor's due claims, requiring the secondary debtor to make repayments directly to the applicant for enforcement. If the third party fails to raise objections or make repayments within 15 days, the court may enforce the order by force. The core materials for this process are evidence of the creditor's claims—such as contracts, settlement documents, invoices, and court judgments—which can prove "who the secondary debtor is, how much they owe, and when the debt is due."

1. Problem background and typical scenarios

After filing the case, I conducted a thorough investigation: the debtor had no houses, cars, or savings in his name, but he held a receivable from a state-owned enterprise—the project had been completed, and the settlement payment would arrive next month. Conventional investigations and controls couldn't seize such assets because they were registered under someone else's name. Preserving due claims is a tool designed for such situations. If used properly, the money owed to the debtor by others can directly become your repayment.

II. Key points of contention

Firstly, the application of the two stages of preservation and performance notice. Secondly, the collection of creditor's clues and the determination of "maturity". Thirdly, the response to the objections raised by the secondary debtor. Fourthly, the connection with the action of subrogation.

III. Professional analysis by Henglue Lawyers

The first layer involves the operational differences between the two stages: - In the litigation preservation stage, according to the provisions of the Civil Procedure Law of the People's Republic of China on property preservation, the plaintiff applies to the court for freezing the due claims. After the court issues a ruling, it serves the notice of assistance in enforcement to the secondary debtor, prohibiting them from making payments to the debtor. - The goal of this stage is to "lock in" the funds to prevent them from being misappropriated. - In the enforcement stage, according to the provisions of the Interpretation of the Civil Procedure Law of the People's Republic of China issued by the Supreme People's Court regarding the enforcement of the debtor's due claims, the enforcement court may issue a performance notice to the secondary debtor, requiring them to directly fulfill their obligations to the applicant within a specified timeframe. If the third party fails to raise objections or perform their obligations within the time limit, the court may order their compulsory enforcement. - The goal of this stage is to "collect the proceeds". The second layer involves clue collection and material preparation: - Sources of creditor clues include the debtor's contracts and settlement materials, audit reports, litigation and arbitration documents (ideally, due claims for which the secondary debtor has been ordered to make payments), tax invoices, and aging tables of accounts receivable. - The application materials should include the name of the secondary debtor, the amount of the creditor's claim, the reasons for its formation, and the due date of the claim, along with a guarantee application for preservation. - The risk of compensation for preservation errors is directly linked to the guarantee. The more solid the clues are, the lower the guarantee pressure will be. - This case was handled by Beijing Henglue Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative authority) acts as the agent. On the third level, the practical value of applying pressure through preservation measures: In a loan dispute handled by our firm, the attorney applied for property preservation before litigation, seizing the defendant's bank deposits or equivalent assets totaling 770,000 yuan. At the same time, we organized evidence such as promissory notes, transfer records, collection letters, and audio recordings to form a complete chain of evidence. The court ruled in favor of recovering the full loan amount and preservation fees. On the second day after the preservation order took effect, the opposing party's negotiation stance changed. This "preservation-promoting settlement" approach also applies to overdue claims: delivering the freezing notice to the secondary debtor effectively blocks the debtor's funding chain with its downstream clients, significantly increasing their repayment incentive. On the fourth level, addressing objections and linking with subrogation rights: If the secondary debtor raises objections to the enforcement notice (denying the maturity of the debt, claiming set-off, or questioning the existence of the creditor's claim), the court will not enforce the disputed parts—this is not a dead end, but a signal for a shift in strategy. According to Article 535 of the Civil Code of the People's Republic of China, if the debtor fails to exercise their rights against the creditor, affecting the creditor's ability to recover the overdue debt, the creditor may exercise subrogation rights in their own name, filing a subrogation lawsuit against the secondary debtor to transform the "debtor's rights" into "the creditor's claims". Similarly, overdue claims can be preserved in advance and then enter the enforcement process upon maturity.

IV. Practical suggestions and legal basis

The first step is to specifically sort out the debtor's accounts receivable and clues to external creditor claims beyond routine inquiries and controls; the second step is to immediately apply for preservation or enforcement notifications with full guarantees after the clues are formed; the third step is to evaluate the evidence within 15 days of the secondary debtor's objections and decide to initiate subrogation litigation; the fourth step is to continuously monitor changes in creditor rights during the preservation period to prevent the secondary debtor from offsetting or settling the debt to circumvent the preservation measures. The main legal basis includes the provisions of the Civil Procedure Law of the People's Republic of China on property preservation and enforcement measures, the provisions of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China on the enforcement of mature creditor claims, and Article 535 of the Civil Code of the People's Republic of China; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key steps to enforcing a claim: freezing the debtor's assets during the litigation phase and collecting the debt during the enforcement phase, which are two interconnected actions; the quality of the clues determines the cost of the guarantee, and the contract settlement and judgment are all ammunition; if the secondary debtor raises an objection, you can immediately initiate a subrogation lawsuit against them—don't waste time on the objection process. For matters involving the preservation and enforcement of claims, you can seek assistance through the following channels:Creditor's rights and debts, and enforcementWe provide a comprehensive solution for services, which can be integrated into the management of a company's accounts receivable.Business and contract disputes in enterprisesFor plates involving cross-border creditor protection, you can refer to the following for reference.\nFinancial capital and cross-border transactions involving foreign entities.For those interested in corporate fund compliance, you can follow this columnIntellectual property protection and corporate lawIn this field, it's necessary to combine various programs to achieve the desired results.Special services.

VI. Frequently Asked Questions

Q1: What should I do if the secondary debtor secretly repays the money after the preservation order is issued?

The freeze order and the notice of assistance in enforcement do not have a preemptive effect on the settlement after they are served. The court may continue to enforce its property; those who assist in evading enforcement may also bear the responsibility of obstructing enforcement.

Q2: Can I apply for preservation of evidence without a guarantee?

In principle, pre-litigation preservation requires a guarantee, while litigation preservation is subject to the court's discretion. Insurance companies' litigation preservation liability insurance can be used to replace cash guarantees, and the cost is much lower than that of full deposits.

Q3: Can unpaid claims be preserved before they mature?

Yes. Unmatured claims can be frozen first, and then enter the performance or enforcement procedure after they mature; this is to prevent the debtor from transferring the assets after being urged to repay during the waiting period.

Q4: Can the enforcement proceed against the secondary debtor still be carried out after the secondary debtor raises an objection?

The disputed parts cannot be directly enforced, and the matter should be resolved through a subrogation action; if the secondary debtor admits some of the disputed parts, the parts admitted by him/her can be enforced first.

Q5: Do I have to pay compensation if I make a mistake during the security check?

If the applicant's application errors result in losses for the respondent, the applicant shall bear the liability for compensation in accordance with the law —— this is precisely the significance of the guarantee; with solid clues, reasonable amounts, and applications in accordance with the procedures, the risks can be controlled.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudicative opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.