Frequently Asked Questions

14 2026-10

If a third party claims that the house belongs to them, how can they raise objections?

A third party who claims that the house belongs to him/her may raise an objection to the subject matter of the enforcement; if the objection is rejected, he/she may file a lawsuit challenging the enforcement based on his/her substantive rights relationship with the enforced party. According to the Enforcement Chapter of the Civil Procedure Law, the third party needs to prove ownership or sufficien...

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14 2026-10

What should I do if there's a conflict between the first court and priority creditors?

In the event of a conflict between the first-seized court and priority creditors, the first-seized court typically disposes of the property. However, if the priority creditor claims priority compensation for the proceeds of the sale and the first-seized court fails to dispose of the property in a timely manner, the priority creditor may request the transfer of the case to another court. This is in...

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14 2026-10

How do multiple creditors divide the funds collected during the enforcement process?

When multiple creditors distribute the funds collected from the execution, they shall do so in accordance with the statutory priority and proportion: those with security rights shall be given priority, and the remaining funds shall be distributed in accordance with the order in which the execution court takes control measures or the proportion of the creditor's claims. This is in accordance with t...

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14 2026-10

After the debt repayment plan is finalized, if any assets are discovered, how can the enforcement be resumed?

After the completion of the forced execution, if the debtor is found to have assets, the creditor may apply for the resumption of enforcement at any time, without being subject to the statute of limitations for applying for enforcement. According to the Enforcement Chapter of the Civil Procedure Law, the completion of the forced execution only marks the end of the current enforcement procedure, an...

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14 2026-10

Can I take high-speed trains and airplanes under the restriction order?

After being subject to a high-consumption restriction, the person cannot travel in first-class or higher seats on high-speed rail or by air, nor can they stay in star-rated hotels or purchase vehicles or properties. According to the "Several Provisions of the Supreme People's Court on Restricting the High-Consumption of Debtors", violators will be fined, detained, or even subject to enforcement re...

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14 2026-10

If a debtor has no money to pay off the debt, can he/she be detained for enforcement?

If the debtor truly has no property and has not refused to perform his obligations, he will generally not be detained directly just because he "has no money". However, if he has the ability to perform his obligations but conceals, transfers, or resists enforcement, he may be subject to judicial detention or even be charged with the crime of refusing to perform his obligations. This is based on the...

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14 2026-10

What should I do if I change my mind after reaching a settlement during the execution process?

After the execution of the settlement, if the other party reneges on its commitment, the applicant may apply for the enforcement of the original effective document (when the settlement agreement does not have compulsory enforceability) or sue to demand the performance of the settlement. According to the Enforcement Chapter of the Civil Procedure Law, if the applicant reaches a settlement under the...

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14 2026-10

How to apply for a hearing on the decision of expropriation compensation?

The hearing on the decision of compensation for expropriation shall generally be organized upon application or ex officio before the decision is made, and the parties concerned may state their objections. According to the "Regulations on the Expropriation and Compensation of Houses on State-Owned Land" and local procedural regulations, a hearing shall be held when there are major objections to the...

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14 2026-10

What are the common risk points in the compensation scheme for expropriation?

Common risk points of the compensation plan for expropriation: Evaluating the value too early and underestimating it, omitting items (such as production suspension, business closure, and renovation), low-grade resettlement housing, illegal entities, time-limit traps, and failure to inform about remedies. According to the Expropriation Regulations, the plan should be announced and the channels for ...

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14 2026-10

How to handle disputes over the ownership of residential plots?

For disputes over the confirmation of ownership of residential plots, the township government or the natural resources department shall first confirm the ownership. If the parties are dissatisfied with the result, they may request a reconsideration or file a lawsuit. According to the Land Management Law, the confirmation of ownership shall be based on the source of ownership, the use of the land, ...

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14 2026-10

How is the demolition and relocation fee calculated for enterprises?

The demolition and relocation expenses of enterprises generally include equipment relocation and installation fees, material transportation, and losses from production and business suspension, which are calculated according to appraisal or local standards. According to the Regulations on Expropriation and Compensation and the Appraisal Methods, the actual relocation expenses and business interrupt...

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14 2026-10

If one does not have a residential land use certificate, can they still receive compensation when their land is expropriated?

Even without a residential land use right certificate, those who meet the requirements may still receive compensation for expropriation. The use rights of residential land formed historically, long-term legal possession, and actual use can be compensated after investigation and verification; however, those without ownership evidence will be rejected. This is in accordance with the Land Management ...

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14 2026-10

How to choose a reliable demolition lawyer?

When choosing a reliable demolition lawyer, there are four key points to consider: expertise (whether they have long-term experience in land expropriation and demolition cases), case records (successes or error corrections in similar cases), procedural competence (public information disclosure, administrative review, and litigation), and transparent fee arrangements. According to the lawyer's prof...

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14 2026-10

Which is the best way for demolition lawyers to charge fees?

There are three common ways for demolition lawyers to charge fees: fixed fees per case, fees based on the proportion of the compensation amount, and contingency fees (a percentage of the additional compensation). The choice depends on the difficulty of the case and the client's budget. Fees based on the outcome are subject to a cap. The fees charged should comply with the Lawyers' Service Fees Reg...

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14 2026-10

How to file an appeal against a government's illegal response to a request for public information disclosure?

If the government's response to a request for public information disclosure is unlawful, the applicant may file an administrative review request within 60 days from the date of receipt of the response, or initiate administrative litigation within six months. According to the "Regulations on the Disclosure of Government Information" and the "Administrative Review Law" (which will come into effect i...

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