Frequently Asked Questions

23 2026-10

How can multiple creditors apply to participate in the distribution of assets?

Where the person subject to enforcement is a citizen and his/her property is insufficient to pay off all debts, the creditor may, in accordance with Article 508 of the Interpretation of the Civil Procedure Law, apply in writing to participate in the distribution of the property, submit the application before the end of the enforcement procedure, and receive compensation in accordance with the orde...

Learn more >
23 2026-10

Is the oral execution of the settlement agreement legally binding?

Oral execution of settlements is not necessarily invalid, but it is difficult to provide evidence. Article 237 of the Civil Procedure Law requires that the settlement be recorded in a written document with signatures and stamps. It is recommended to sign a written contract and include an accelerated breach of contract clause in advance.

Learn more >
23 2026-10

Can a case be settled through mediation multiple times?

The case can be settled multiple times, and there is no legal limit on the number of settlements. If the other party breaches the contract, you can apply for resuming the enforcement of the original judgment and negotiate again. It is recommended to sign a written agreement, set an accelerated clause for breach of contract, and pay attention to the two-year application deadline.

Learn more >
23 2026-10

What should I do if the other party breaches the contract during the performance of the settlement agreement?

After the execution of the settlement agreement, if the other party breaches the contract, you may apply for the resumption of the enforcement of the original effective legal document in accordance with Article 237 of the Civil Procedure Law. It is recommended to sign a written contract, set an accelerated clause for breach of contract, and fix the evidence as soon as possible.

Learn more >
23 2026-10

Is it valid to implement the settlement agreement and perform it in installments?

The lawyer explained that the installment provisions of the enforcement settlement are legal and effective, and that if the debtor stops making payments, they can apply to resume the enforcement of the original effective legal documents. The explanation includes the key points of the clause design and an example of an 860,000 yuan mediation installment case.

Learn more >
23 2026-10

How to directly apply for enforcement of a notarized creditor's instrument?

The lawyer explained that after the notarization of enforcement, it is not necessary to file a lawsuit. Instead, one can directly apply for enforcement based on the enforcement certificate, including the handling conditions, the list of materials, and the timeframe. The lawyer also provided examples of enforcement cases for comparison.

Learn more >
23 2026-10

What should I do if I haven't been relocated after the transition period has passed?

The lawyer explained that if the transitional period expires and the residents do not relocate, they can claim to continue paying the temporary resettlement fees, make up for the shortage by referring to the market rent, and can, in accordance with the Administrative Litigation Law, request the continuation of the performance of the contract and the payment of the breach of contract penalty.

Learn more >
23 2026-10

How should the relocation fee and the temporary accommodation fee be paid?

The relocation fees and temporary resettlement fees are statutory compensation items. The temporary resettlement fees shall be paid before the delivery of the property exchange. If the transitional period is exceeded, additional fees shall be paid. If the fees are refused to be paid, the parties concerned may file for administrative reconsideration or bring a lawsuit.

Learn more >