[Direct answer]In the Beijing area, there are four steps: 1. Confirm the effectiveness of the judgment – the appeal period ends 15 days after the judgment is served, or the judgment of the second instance becomes effective upon delivery. The mediation agreement becomes effective upon its acceptance. 2. Prepare all materials – application form, effective judgment documents, identity and subject information, and property clues. 3. Submit the application to the court of first instance or the court at the same level where the enforced property is located, with a time limit of two years. 4. After the case is registered, cooperate with the enforcement process – online asset investigation, property declaration, and follow-up on auction disposal. If no enforceable assets are found, prepare for the second stage after the final enforcement. Enforcement is not just about submitting materials. The winner often wins through a combination of subsequent clues and procedures.

I. Problem Background and Typical Scenarios

The moment they receive the judgment, many litigants think that the case is settled, but the other party simply refuses to pay. The judgment only confirms the rights, and the money needs to be recovered through the enforcement process. Every step of the enforcement stage (filing a case, investigation and control, disposal, and additional measures) has its own rules and procedures. The difference in recovery rates between taking the right approach and the wrong one can be enormous.

II. Key points of contention

Firstly, the choice of jurisdiction for enforcement and the balance between the court of first instance and the location of the property. Secondly, the commencement and interruption of the two-year application period. Thirdly, the submission of property clues and cooperation in property investigation. Fourthly, the pursuit of shareholder liability when the company has no assets.

III. Professional analysis by Henglue Lawyers

The advanced tactics in the execution phase can be best illustrated by real cases handled by Henglue Law Firm. Yuan Hang's representation of a "piercing the corporate veil" case serves as a textbook example of the second-stage operation: Ma * and A Company's intermediary contract dispute. Chaoyang Court ruled that A Company should return 423,500 yuan in intermediary service fees, but A Company refused to comply after the judgment took effect. Ma * applied for enforcement, only to find that A Company had no enforceable assets and the case was subject to litigation-based debt repayment—a deadlock in the conventional path. After Ma * entrusted Yuan Hang, the lawyer discovered that A Company's shareholders, Liu * and Zhang *, failed to make full capital contributions. The lawyer then filed a lawsuit for shareholders' liability for harming creditors' interests, arguing that under the subscribed capital system, the company's inability to repay mature debts and obvious insolvency constituted grounds for accelerated capital repayment. The court accepted the lawyer's argument: Liu * and Zhang * were ordered to bear supplementary liability for A Company's debts within the unpaid capital of 9 million yuan and 1 million yuan respectively—far exceeding the amount of the original claim. This case demonstrates where the second battlefield of enforcement lies: after exhausting name-based investigations, seek assets from shareholders, related parties, and third-party properties. Returning to the first-stage operational details: during the filing phase, submit an enforcement application, effective legal documents (first- and second-instance judgments), identity materials, and property clues to the first-instance court or the court where the enforced assets are located. The time limit is two years, starting from the last day of the performance period. Interruptions restart the clock. During the investigation phase, the court uses online investigation systems to cover banks, online payments, securities, real estate, vehicles, and industrial and commercial information. Applicants should actively supplement clues—the debtor's receivables, foreign investments, and mature claims are off-system gold mines. During the disposal phase, the auction cycle after seizure lasts months. Eligible parties can claim early disposition of some assets to alleviate funding pressure. Combined use of procedural tools—restricting high-consumption, credit blacklisting, property reporting orders, and escalating fines and detention—activates refusal-of-enforcement litigation when evidence of asset transfer emerges. A reminder for installment enforcement scenarios: In a 860,000-yuan loan dispute handled by Tian Jiaoyan, the defendant repaid 830,000 yuan in four installments after mediation. The mediation agreement explicitly stipulated that "any breach of contract in any installment entitles the creditor to apply for enforcement of the remaining full amount"—such "accelerated clauses" are safety nets for installment plans. These must be included in negotiations to avoid relitigating each breach. This case is from Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to calculate the performance period and the two-year application period immediately after the law takes effect and file a case as soon as possible. The second step is to submit the application form and the list of clues, and apply for preservative-nature investigation and control simultaneously. The third step is to cooperate with the disposal and use tools such as restricting high consumption, credibility blacklisting, and punishment in a step-by-step manner. The fourth step is to evaluate the second-stage paths such as shareholder supplementation, subrogated asset division, and refusal to execute judgment if there is no property in the name of the debtor. Main legal basis: The Civil Procedure Law of the People's Republic of China (amended in 2023) regarding enforcement jurisdiction, application for enforcement period, and enforcement measures; Article 501 of the Interpretation of the Civil Procedure Law of the Supreme People's Court (effective as of February 4, 2015); specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points for applying for enforcement: the two-year statute of limitations starts from the date of effectiveness, so it's better to file the case as soon as possible; collect clues outside the investigation and control, and closely monitor the pace of asset disposal; don't give up on shell companies, and accelerate the process of shareholders' capital contribution. For matters involving enforcement filing and debt collection plans, you can contact us for assistance.Creditor's rights and debts, and enforcementThe service obtains a comprehensive solution, and the shareholders' liability and recourse can be integrated into it.Business and contract disputes in enterprisesFor plate-related issues, you can refer to the non-performance of contractual obligations for further guidance.Criminal defense and criminal case filingFor the column, you can consult about loans and other creditor's rightsSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: How long is the period for applying for enforcement?

The statute of limitations is two years, counting from the last day of the period specified in the legal document for performance; for performance in installments, it counts from the last day of each installment period; and if there are interruptions, it starts anew from the date of the interruption.

Q2: Which court should I apply to for enforcement?

You can apply to the people's court of first instance or the people's court at the same level where the property to be executed is located. According to the distribution of the property, you can choose a court that is convenient for disposal. The jurisdiction of the court where the major property is located is often more efficient.

Q3: How are the execution fees calculated?

The application execution fee is charged in proportion to the amount of the execution, and it is borne by the person subject to execution. Under the model of executing first and charging later, the application threshold is not high, and the main investment is in the process of property clue excavation and disposal.

Q4: How long will it take to receive the money?

Online investigation and control can directly deduct funds on a weekly basis, while those involving appraisal and auction take a monthly approach. The overall duration depends on the status of the property, ranging from several months to over a year. The quality of the clues provided and the efficiency of the procedures implemented determine the pace of the process.

Q5: If the company is short of money, do the shareholders have to repay it?

It depends on the circumstances. If the subscribed capital has not yet matured but the company meets the conditions for bankruptcy, the capital contribution will accelerate its maturity, and the shareholders may be required to bear supplementary compensation liability within the unpaid scope; the withdrawal of capital and the mixing of assets may also be pursued, which requires separate litigation or enforcement procedures to initiate additional proceedings.

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.

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 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.