Applying for enforcement mainly refers to the situation where the debtor fails or refuses to perform the obligations specified in the legal document after the court passes the judgment, the parties put forward the application to the competent court for the implementation within the timeframe for enforcement. To facilitate the implementation of the procedures and protect your legal rights and interests, please read the following instructions about the application for enforcement.
45.1. Please Check whether it Falls into a Category of the Following Enforcement Cases:
The civil judgments, rulings and mediations that take legal effect and request property payment; the order of payment with the legal effect; arbitration award and mediation made by arbitral organs; the notarization of creditor's rights made enforceable according to law by the notary office; the judgments or written orders made by foreign courts and the validity is recognized; arbitration award made by foreign arbitral organs; and other legal provisions prescribed by the law to be to be enforced by the court.
45.2. The Obligations of the Applicant for Enforcement
45.2.1. the applicant shall submit to the court the property status of the debtor or the property clues contributing to the enforcement.
45.2.2.the materials to include when applying for enforcement shall include: the application for enforcement; effective legal documents; certifying documents of effective judgment; property preservation list in cases that measures have been taken for property preservation; files proving that the property of the party subject to enforcement is available for enforcement and the suspension of enforcement can be resumed after examination; qualification materials of the applicant and the person against whom the application is made for , if the applicant is an an individual, records of your name, gender, age, nationality, residence, identity card number and other basic information materials are expected, such as identity card, residence booklet, proof of residence, passport, Hong Kong and Macao compatriots HVPS; if you are acting on behalf of a legal person or an organization, business license, registration certificate or organization code certificate of the legal person or other organizations or the identity certificate of the legal person or the person in charge.
45.3. The Debtor's Obligations
To appear in court on time, declare the property status faithfully, and fulfil the obligations stipulated in the legal documents.
45.4. Limitation period for the Implementation.
The Limitation period for the submission of application for enforcement is two years. The suspension or interruption of the Limitation period for the enforcement of the application shall be governed by the provisions of the law concerning the limitation of suspension and interruption. Expiration date for the application shall start from the last day of the period specified by the legal document; if the legal document specifies performance in stages, the Limitation period shall be calculated from the last day of the period specified for each stage of performance; if the legal document does not specify the expiration date, the Limitation period shall be calculated from the day when the legal documents take into effect.
45.5. Acceptance and Enforcement
The cases that meet the requirements shall be examined and filed within seven days and transferred to the enforcing representative. If the case does not fulfil the requirements, the case will be rejected within seven days;
After receiving the transfer, the enforcement organ will issue a notice of enforcement to the person subject to the penalties within ten days, and order him to fulfil the obligations as determined by the legal instrument in effect.
45.6. The Burden of Proof of the Parties
During the implementation, the applicant should actively cooperate with the court, in accordance with the requirements of the court, timely submit the debtor's property status, property clues and the whereabouts of the person subjected to such circumstances. The risk will be borne by the enforcement applicant when the court is unable to enforce the debtor’s property;
Upon receipt of the notice of enforcement of the court, the person subjected to enforcement shall declare the property voluntarily, including the status of the property, the property to be to be enforced and its supporting documents;
When the applicant has knowledge of the property clues of the person being to be enforced, he may request a court investigation if he finds out that the property situation of the person subjected to the enforcement is resisting. However, the applicant shall make a written application and explain the reasons.
45.7. Compulsory Enforcement
During enforcement, the court may freeze, allocate deposits, deposit, search, seal up, detain, auction, sell property, and forcibly move him out of houses and so on. However, when such measures are taken, the necessary living expenses of the person subject to the penalties and the family members he supports shall be preserved.
The legal representative or the person in charge of the person subject to the penalties or the person subject to the penalties himself, has the obligation to inquire in court. The debtor or the debtor's legal representative, having been served twice with summons, does not appear in court may be constrained to appear in court by a peremptory writ.
The debtor or any other person who refuses to carry out legally effective judgments or obstructs the enforcement, the court may impose a fine, detain or even hold him criminally responsible: concealment, transfer, sale or destruction of the property submitted to the court as security; malicious collusion between the non-party and the debtor to transfer property; deliberate destruction of the court notice and seal; forgery, concealing or destroying the important evidence against the court the property status and the ability to fulfil the obligations of the person subjected to enforcement; instigating, suborning, or coercing others to commit perjury about the debtor's property status and ability to fulfil its obligations; obstruction of court search; using violence, threats or other methods of obstructing or resisting enforcement; making an uproar and seriously disrupts the enforcement site; insulting, slandering, framing, threatening, assaulting or maliciously retaliating against judicial officials or personnel assisting the enforcement; damaging and snatching the case materials, official vehicles and other equipment, clothing and certificates of judicial officials.
45.8. Non-party’s Objection.
If a non-party who raises an objection with respect to the object subjected to enforcement, he may make an objection to the court. The objection of an outsider should generally be put forward in written form and the corresponding evidence shall be submitted. The court shall examine the objection in accordance with the procedure prescribed by the law.
45.9. Debt at Maturity
In accordance with the application of the person for enforcementor person subject to enforcement, the court shall issue to the third party an announcement of the performance of the maturing debt, and if the third party disagrees, the court shall, within fifteen days after receipt of the performance notice, bring forward the case to the enforcement court. If the third party raises an objection within the specified time limit, the court may not enforce the law on the third party.
45.10. Supervision and Objection
If the parties involved in the enforcement of the case and the interested parties believe that the enforcement of the personnel is improper or erroneous, they shall have the right to respond to the court where the enforcement officer is located, and the court shall promptly handle the case. If the parties involved in the enforcement of the case and the interested parties believe that the specific implementation of the court and the ruling and decisions are inappropriate or wrong, they reserve the right to put forward requirement for supervision from the superior court of the court that is responsible for the enforcement. The parties involved in the enforcement of the case and the interested parties have the right to request the enforcement officials to perform their duties, file a report or complaint to inspection departments or other relevant departments of the court about the enforcement personnel’s illegal acts in enforcement.
If the party concerned or the interested party considers that the act of enforcement violates the provisions of the law, he may file a written objection to the court. The court reviews and makes a ruling in accordance with the law. If he party concerned or the interested party is not satisfied with the order, he may apply to the higher court for reconsideration within ten days after the date on which the ruling is served. In the course of enforcement, the non-party can raise an objection in written form with respect to the object subjected to enforcement, and the court shall conduct a examine the objection and make a ruling in accordance with the law. If the non-party and the party concerned are not satisfied with the order and believe that the original judgment or ruling is wrong, it shall be dealt with in accordance with the procedure for trial supervision; if the non-party has something that has nothing to do with the original judgment or ruling, he shall have the right to appeal to the court within fifteen days after the date on which the written order is served.
45.11. Special Attention is Required to be Paid to the Following Legal Responsibilities in Enforcement
The court shall take compulsory measures of sealing up, freezing property, imposing a fine, detaining, constraining him to appear in court by a peremptory writ or even hold him criminally responsible if he violates the law for refusing to carry out, impede the implementation or commit any of the following acts: refusal to appear in the court on time of the person subjected to enforcement who is required to appear in the court to be questioned, the debtor's legal representative or principal heads; failure to declare property faithfully, impeding the court’s search or deliberately destroying the enforcement notice and seal, using violence, threats or other means to prevent or resist the enforcement, and insulting, slandering, framing, threatening, assaulting or maliciously retaliating against judicial officials or personnel assisting the enforcement.
