You should be aware that receiving a favorable ruling is not the final step in your court case. Only when the losing party has fulfiled his obligations is it all over if the other party delays or even refuses to carry out the effective judgment, you need to apply to the court for enforcement to honor the decision granted by the judge. The work of the people's court is a law enforcement activity in which the people's court, in accordance with the legal procedures, exercises the state power to enforce the obligations established by the legal instrument and to fulfil the obligations determined by the legal instrument. To fully protect your legal rights and interests, Qianhai court informs the applicant of the following risks that application for compulsory enforcement may bring about:
43.1. The Risk that the Party Against whom Enforcement is Sought has no Property Available for Enforcement.According to relevant laws and regulations, the applicant is required to provide the whereabouts and property status of the party against whom enforcement is sought. Failure to provide the required information or to ascertain the property of the party against whom enforcement is sought after court investigation will put you at risk of unfulfiled rights. If it is found that the party against whom enforcement is sought has property but not enough to cover all your claims when the case is enforced, you should be aware that your legal rights may not be fully fulfiled.
43.2. theRisk that the Property to be Enforced cannot be Dealt with. If the subject to be enforced cannot be disposed of by the court in accordance with the law (such as illegal construction, contraband etc.) or the property cannot be transferred (because of incomplete licenses), you should be aware that the property may not be liquidated.
43.3. theRisk of Missing whereabouts of the Party Against whom Enforcement is Sought. If the whereabouts of the party against whom enforcement is sought is unknown, it may lead to the failure of the court to take enforcement measures against the party against whom enforcement is sought, or if the party against whom enforcement is sought has no property available, the court shall decide to suspend or terminate the enforcement. You have the obligation to provide the court with the exact residential address of the party against whom enforcement is sought.
43.4. theRisk of a Third Party Raising Enforcement Opposition, the Basis of which may be Well-founded. In the course of enforcement, if a non-party’s enforcement opposition is approved, you will face the risk that the enforcement of the case cannot be continued.
43.5. theRisk of Multiple Creditors Participating in the Distribution of the Property for Enforcement. If, after applying to liquidate the property for enforcement, there are a number of creditors claiming simultaneously to participate in the distribution of the property for enforcement, or if one or more of the creditors has priority for the property for enforcement, you will face the risk that the legitimate rights and interests can only be partially met or even not at all.
43.6. theRisk of the Priority of the Third Party in the Property of the Party Against whom Enforcement is Sought. For a property that has been set up as security, the security holder has the priority to be paid first, so you may face the risk that you will be unable to be fully distributed to or even not be distributed to at all.
43.7.theRisk of your Repayment Order Being Low in Priority. When the money paid to a number of creditors have been determined by legal documents and none of the creditors have a right for the property as security when they apply for enforcement, the priority of repayment will be done in accordance with the court's enforcement order; if there are a number of security holders, the repayment order will be determined in accordance with the establishment of the security status; if there are a multiple of creditor's rights, labor claims and national tax come before the repayment of the debt.
43.8.theRisk that the Party Against whom Enforcement is Sought is in Another Locality. If the party against whom enforcement is sought is not in the area within the jurisdiction of the court, the court shall, in addition to taking property preservation measures in the locality where it has been tried, generally entrust the court of that locality to perform the enforcement.
Since you may have the above risks in your application, please consider carefully when applying to the court. When the application is approved, it will be appreciated if you can cooperate, by providing information about the debtor's whereabouts as accurately as possible, and the evidence or clues of the property of the party against whom enforcement is sought to reduce and avoid the risks and maximize your claims.
