Despite winning the lawsuit, the other party still refuses to repay the money. Guangdong Zhiming Law Firm discusses the two-year deadline for execution application and property investigation, as well as execution objections

Winning a lawsuit is just getting a piece of paper, whether you can get the money or not depends on what you have done in the next two years. The deadline for applying for execution is two years, starting from the last day of the performance period specified in the judgment; After these two years, the court will no longer enforce your recovery in principle. Moreover, after the execution of the case, the court has both online systems and offline means to investigate and control the property, but it is often more effective for the applicant to provide clues themselves. If the other party raises an objection to the execution, you still have 15 days to file for reconsideration. Guangdong Zhiming Law Firm has handled a large number of enforcement cases. Below, we will discuss the three aspects of time limit, investigation and control, and objection separately.

When does the two-year term start counting, not from the day the judgment takes effect

Many people think that the countdown starts as soon as the verdict takes effect, but it's not. Article 246 of the Civil Procedure Law stipulates that the period for applying for enforcement is two years. The starting point depends on how the legal document is written: if the judgment states' payment shall be made within ten days from the effective date of this judgment ', then several tens of days after the effective date, starting from the eleventh day, shall be counted as two years; If it is written as' payment before the 5th of each month ', it will be counted from the last day of the last performance period. In practice, we generally recommend that the parties concerned mark the two-year expiration date on their mobile calendar after receiving the effective certificate, and prepare the application materials three months in advance, instead of waiting until the last month. Most court enforcement cases in Shenzhen are now filed online, and can be submitted through the Guangdong Court Litigation Service Network or the "Guangdong Justice" mini program. However, if the materials are incomplete, they will be returned, causing delays and ultimately resulting in losses for oneself.

What should be paid for applying for enforcement? There are slight differences in the standards of various courts in Shenzhen

The basic materials are as follows: original execution application, effective judgment or mediation agreement, effective certificate, applicant's ID card, and identity information of the executed person. If it is a company, a copy of the business license and proof of identity of the legal representative are also required. The requirements for "effective proof" in Shenzhen Intermediate People's Court and grassroots courts are not exactly the same. Some courts only need to stamp the effective seal on the judgment, while others require a separate one. We suggest calling 12368 and forwarding it to the corresponding court enforcement bureau for clarification before filing a case. In addition, there is no prepayment of execution fees when applying for execution, and the execution fees are borne by the executed party. However, if you apply for property preservation, the preservation fees must be advanced first. After filing an execution case, the court generally decides whether to file the case within 7 days. Within 5 days after filing, the court sends an execution notice to the executed person and initiates online investigation and control.

What can be found through online monitoring and what cannot be found

The "head to head" system of the court can check the registration information of bank deposits, Alipay, WeChat payment, securities, vehicles, industrial and commercial equity, and real estate. But don't think this is omnipotent: firstly, there is a delay in system feedback, and some banks only respond to data after T+1; Secondly, many of the executed persons' money has already been transferred or received through someone else's account; Thirdly, small banks and rural banks from other regions may not necessarily be connected. Offline inspection and control rely on the applicant andShenzhen contract dispute lawyerRun. For example, for real estate in Shenzhen, the court can send a letter to the Shenzhen Real Estate Registration Center to inquire, but specific property addresses or real estate ownership certificate numbers need to be provided, as the name alone cannot be fully searched. We usually advise the parties involved to recall whether they have posted photos of their homes, cars, or company openings on their social media accounts. These clues are more useful than feedback from systems such as WeChat. In terms of the caliber of similar cases, execution cases with specific property clues have a significantly higher actual completion rate than cases that rely solely on online investigation and control, but this does not represent individual case commitments.

The other party does not the final say the execution objection. You have 15 days to file for reconsideration

During the execution process, the executed person or third party may raise objections to the execution. For example, the other party may say, 'This house is my only residence,' or an outsider may say, 'The money deducted by the court belongs to me.'. After receiving objections, the court will review and make a ruling within 15 days. If you are dissatisfied with the ruling, as the applicant for enforcement, you may apply for reconsideration to the higher-level court within 15 days from the date of service of the ruling. Attention, is this 15th a natural day or a working day? Article 85 of the Civil Procedure Law states that the period shall be calculated in hours, days, months, and years, and the hours and days at the beginning of the period shall not be included. Therefore, the period shall be counted from the second day after receiving the ruling, and the last day shall be postponed if it is a holiday. In practice, many parties may panic when encountering an objection for the first time, thinking that the execution will stop as soon as the objection is raised. In fact, during the objection review period, the court generally does not suspend the execution unless the objector provides guarantee or the court deems it necessary. We usually advise the applicant to keep an eye on this 15 day period and reconsider if necessary, without delaying.

The end is not the end, discovering property can be restored and executed at any time

If the court conducts a thorough investigation and does not find any property available for execution, it will rule to "terminate the current execution procedure", which is the final version. After the final settlement, the case is in a "dormant" state in the court system, but your rights have not disappeared. Once it is discovered that the other party has property, such as opening a new company, buying a car, obtaining a Hong Kong and Macau travel permit and preparing to leave the country, you can apply to the court for resumption of enforcement at any time, without being subject to a two-year deadline. The courts in Shenzhen have dynamic management of the final case, and some courts will check the network system again every six months. But to be honest, there are many court cases and few people involved, so it's better to keep an eye on them than to rely on the court's proactive investigation. We usually suggest that the parties involved check the "China Execution Information Disclosure Network" every few months to see if the other party has any new cases or has been restricted in height, or entrust a lawyer to retrieve the other party's industrial and commercial files and real estate registration information. These actions may not cost much, but they may allow you to discover your wealth before others.

Add the executed party and bring in the shareholders who are evading debt

Many companies that owe money are empty shells, with a change in legal representative and shareholders not paying their actual capital. In this situation, an application can be made to add shareholders as the executed party. Articles 17 to 19 of the "Provisions of the Supreme People's Court on Several Issues Concerning Changes and Additions of Parties in Civil Enforcement" stipulate that shareholders who have not paid or have not paid their capital in full, shareholders who have withdrawn their capital, and shareholders whose assets are mixed in with those of a single person company can all be added. The court in Shenzhen has a strict review process for additional applications and requires you to provide evidence such as industrial and commercial documents, capital verification reports, and bank statements. We have done similar cases before, and after successful addition, the probability of execution will increase, but the prerequisite is that the shareholder has property under their name. If the shareholders are also 'naked', they will still not receive the money even if they add it. So this step needs to be done simultaneously with property inspection and control, we cannot wait.

The execution of the settlement should be clearly stated, and do not withdraw the application just by verbally agreeing

The other party can discuss installment repayment with you, but you must sign a written settlement agreement that clearly states the amount, time, and consequences of each installment. A common pitfall is that the other party says' you withdraw the execution application first, I will repay it next month ', and once you withdraw, he will not repay it. After withdrawal, reapplying is subject to a two-year deadline and the execution fee may be paid in vain. The correct approach is to file the settlement agreement with the court and not withdraw the application. If the other party fails to repay the first installment, they can directly apply for the restoration of the original judgment. During the settlement period, the court may temporarily suspend the adoption of compulsory measures, but your identity as the applicant for enforcement is still present. Guangdong Zhiming Law Firm reminds that executing a settlement is not a concession, but a way of exerting pressure. Written terms are 100 times more effective than verbal promises.

Please hire a lawyer during the execution phase, and spend money on the cutting edge

The lawyer fees for executing a case are usually lower than those for the litigation stage, but their impact is not necessarily small. What lawyers can do: retrieve information from industrial and commercial archives, real estate registration, and marriage registration, apply for investigation orders to check bank statements, draft applications to add executed persons, handle execution objections and reconsideration, and effectively communicate with the executing judge. The judges in the Shenzhen Court Enforcement Bureau have hundreds of cases per person, making it difficult to reach them over the phone. Lawyers have channels to submit materials and meet with judges. We usually suggest that for execution cases with a target amount of over 500000 yuan, or if the other party is a company, we consider entrusting themShenzhen Civil and Commercial Litigation LawyerIf the target amount is small, you can run it yourself, but you need to remember the three things mentioned above: deadline, clues, and objections. In cases of execution involving lawyers, the property disposal cycle is usually shortened, but this depends on the specific circumstances of the case and the court's schedule.

Common misconception: Winning a lawsuit and waiting to receive payment

Finally, let's talk about a few high-frequency misconceptions. Firstly, it is assumed that the court will automatically execute the judgment upon its effectiveness, but it is not possible and requires your application. Secondly, thinking that after applying for enforcement, the court will help you check all your property, the court's investigation has boundaries, and you need to provide clues. Thirdly, thinking that if the case is settled, the case will die. The case is only temporarily suspended and the property can be restored at any time. Fourthly, if you think the other party has no money, there is nothing they can do. You can check their spouse, company equity, insurance, and housing provident fund. Shenzhen also supports deducting housing provident fund. Fifth, thinking that objection to execution is an excuse for the other party to delay, in fact, objection and reconsideration are both legal procedures, and using them well can also put pressure on the other party. Execution is an endurance race, and the law does not protect those who sleep on their rights. Once the two-year deadline has passed, even immortals cannot save them.

When encountering difficulties in execution, you can talk face-to-face at Guangdong Zhiming Law Firm. We emphasize the principle of "clues first, procedures fully utilized" when dealing with execution cases. For more practical lecture content, you can refer to Lawyer Deng Xianxiong's in-depth analysis of the key points of "meeting and communication", or Lawyer Li Zuolin's lecture on "Clever Debates on Labor Service and Labor Relations", which also provides reference for issues related to labor relationship determination during implementation. If it is an investment and wealth management dispute entering into execution, the content of Lawyer Zhang Hongliang's seminar on investment and wealth management dispute resolution is worth reading. The execution of consumer rights protection cases can be seen in the three-step process of consumer rights protection - Zhiming Lecture Hall Legal Lecture. For more column articles, please refer to Zhiming Lecture Hall.

This article is written by lawyers from Guangdong Zhiming Law Firm for reference only and does not constitute a formal legal opinion. Please bring the materials to the consultation center for specific cases. Consultation hotline: 0755-25986969.

Disclaimer: The content of this article is based on current laws, regulations, and practical experience. Laws and regulations may be updated, and individual cases may vary greatly. Readers should not use this article as the sole basis for decision-making. Guangdong Zhiming Law Firm shall not be liable for any losses resulting from the use of the content of this article. If you need legal assistance, please contact a lawyer directly.