Frequently Asked Questions

27 2026-10

How to file a complaint against a judge's passive inaction in enforcement proceedings?

If the enforcement judge refuses to take action, you can apply for enforcement supervision to the disciplinary inspection and supervision department of the enforcement court, the enforcement bureau of the higher court, and the procuratorial organ. You can also report the matter through channels such as 12368, and be sure to keep evidence of the delay in enforcement.

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27 2026-10

What should I do if the person subject to enforcement has no assets under their name?

The person subject to enforcement has no property to apply for terminating the current enforcement and continuing the investigation. If new property is found, the enforcement can be resumed. If the shareholders have not paid the capital in full, they can request them to bear the supplementary compensation liability within the scope of their subscribed capital.

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27 2026-10

Do I need to pay an enforcement fee when applying for enforcement of a judgment?

Applicants do not need to pay the enforcement fee in advance when applying for enforcement. The enforcement application fee shall be borne by the respondent and deducted after the enforcement is completed. The enforcement fee shall be accumulated in stages according to the amount of the subject matter, and the attorney's fee shall be calculated separately.

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27 2026-10

How long after the judgment takes effect can I apply for enforcement?

The period for applying for enforcement of the judgment is two years, which starts from the expiration of the performance period or the effectiveness of the document, and the statute of limitations is suspended or interrupted during this period. The applicant does not need to pay the enforcement fee in advance, which shall be borne by the respondent. It is recommended to apply for enforcement in a...

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27 2026-10

After reaching a settlement, what should you do if the other party breaches the contract again?

After the settlement, if the other party breaches the contract again, those who have a court mediation agreement can directly apply for enforcement; for private settlements, they can sue according to the agreement and claim breach of contract liability. It is recommended to include a breach of contract clause in the agreement.

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27 2026-10

What will happen if I don't attend the pre-litigation mediation in court?

Pre-litigation mediation follows the principle of voluntariness. If you don't attend, you won't be forced to do so or suffer a direct loss, but you may miss the opportunity to resolve the dispute at low cost. After the case is officially filed, you still need to respond to the lawsuit.

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27 2026-10

Are the mediation agreement and the judgment document equally effective?

The effective mediation agreement and the effective judgment have the same legal effect, and both can be applied for enforcement; the mediation agreement takes effect upon its receipt and is generally not subject to appeal, while the judgment can be appealed.

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27 2026-10

Is there a high probability of a change in the verdict in the second instance of a debt case?

Whether the second-instance judgment of the debt changes depends on whether there are factual or legal errors in the first-instance judgment. According to Article 177 of the Civil Procedure Law, if the original judgment is correct, it will be upheld; if there are indeed errors, the judgment will be changed or remanded for retrial.

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26 2026-10

What is the difference between a simplified procedure and a regular procedure?

The summary procedure is applicable to simple cases with clear facts and little disputes, and the case is concluded within three months by a single judge; the ordinary procedure is conducted by a collegial panel or a single judge, and the case is concluded within six months. The rights and protections guaranteed in the two procedures are the same.

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26 2026-10

Can the defendant still appeal after being sentenced in absentia?

The defendant may be tried in absentia if he/she fails to appear in court without a valid reason after being legally summoned, but he/she still enjoys the right to appeal. If the defendant disagrees with the judgment, he/she must appeal within 15 days from the date of service of the judgment. If the service of the judgment is illegal, the defendant may seek other remedies.

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26 2026-10

How to prove the interruption of the statute of limitations for creditor's litigation?

The statute of limitations for creditor's litigation is interrupted and recalculated to three years upon filing a lawsuit, submitting a performance request, or agreeing to perform; the evidence must include records of debt collection, receipts of lawyers' letters, repayment commitments, and partial repayment receipts.

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26 2026-10

Can audio recordings be used as evidence in debt disputes?

The audio evidence can be used as audiovisual materials in debt disputes, but it must be obtained legally and corroborated by IOUs and transfer records. According to Article 66 of the Civil Procedure Law, evidence obtained in serious violation of the law may be excluded.

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26 2026-10

What consequences will one face if they lose a civil loan lawsuit?

The losing party in a civil loan dispute is required to repay the principal and interest as well as the case acceptance fees. If they refuse to comply, they will face forced execution, be listed as a person of dishonesty, and have their consumption restricted. In serious cases, they may be charged with refusing to execute the judgment.

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26 2026-10

How long can raising an objection to jurisdiction delay the process?

The court handling the jurisdiction objection shall make a ruling within 15 days, and the second-instance appeal made by the parties shall generally be decided within 30 days; malicious objections can only delay the process for a short period of time, and those who abuse the system may be reprimanded or fined.

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26 2026-10

Which court should I sue if someone refuses to repay the money they owe me?

Generally, if someone fails to repay a debt, the case will be handled by the court in the defendant's place of residence or the place where the contract was performed. The lender and borrower may agree on the jurisdiction, and if no such agreement exists, the court in the location where the party receiving the money is located often has jurisdiction. However, the jurisdiction needs to be determine...

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