11-25
In 2026, we will travel to the future together, with the establishment of the Manshan Island team by Guochuang headquarters and Suzhou branch
From November 21st to 23rd, 2025, Guochuang Law Firm organized its headquarters and Suzhou branch colleagues to conduct a three-day autumn team building and business exchange activity on Manshan Is..
11-19
KHOR SEE LIN, Senior Partner of YEOH MAZLINA&PARTNERS Law Firm, Visited Shanghai Guochuang Law Firm
On November 19, 2025, Lawyer KHOR SEE LIN, Senior Partner of YEOH MAZLINA&PARTNERS Yangma Law Firm, visited Shanghai Guochuang Law Firm. Chen Min, Director of Shanghai Guochuang ..
11-11
MMALATIN CEO Mr. Diego Martinez Bernie visits Shanghai GuoChuang law firm
On November 6, 2025, Diego Martinez Bernie, CEO of MMALATIN, visited a law firm in Shanghai. Chen Min, Director of Shanghai Guochuang Law Firm, Ji Xin, Partner, and Li Runxuan, Legal Assist..
1、 Execution dilemma
I won the lawsuit, but I couldn't get any money from the execution. This is not an isolated case, as many cases in the court are ultimately executed. And once it is finalized, the realization of the creditor's rights by the applicant for enforcement will become distant. Many parties have even given up on filing a lawsuit because they feel that it is useless to not get money from it. But the reason for not being able to execute money actually depends on the situation. According to the author's observation, some executed persons do not have any property to execute and do not have money. For this type of person, we can only hope that they can make a comeback. There is also a group of people who do not have property, but whose property is not under the name of the executed person or has been transferred in advance. If the court only searches for property through the online execution and control system, the result will be that the property information under the executed person's name cannot be found. It is a pity that such cases have been terminated.
2、 Possible measures to be taken during execution
If only relying on the court network to execute the investigation and control system to check the property under the name of the executed person, the executed person will easily evade execution. So, the executing applicant needs to take some countermeasures. The author believes that the following measures can be taken:
1. Apply to investigate the joint property under the name of the spouse of the executed person. During execution, the court will investigate the marital status of the executed person. If the executed person is married, it is necessary to investigate the joint property of the executed person and their spouse in the absence of property under the name of the executed person. At this point, one can apply to the court to investigate the jointly owned property under the name of the spouse of the person subject to enforcement, and then enforce the portion of the jointly owned property that belongs to the person subject to enforcement. There is a reference case in the case database of the People's Court regarding whether it is possible to query the joint property under the name of the spouse of the executed person. Case number: 2024-17-5-101-005, the execution case of Wu and Gao. If the court disagrees with the investigation, the reference case can be provided to the judge for reference.
2. Apply to investigate the historical property information of the executed person. Including historical information such as bank statements, property transactions, and vehicle transactions. In general, the court only investigates existing property and does not proactively investigate historical information. By investigating historical information, it can be discovered whether the executed party has transferred property without compensation, transferred property at an unreasonable low price, purchased debt at a high price, and other information, thereby providing a basis for subsequent litigation of revocation rights.
3. Apply for fines and detention of the executed person. During execution, many executed persons ignore the court's property reporting order, refuse to report their property or even make false reports in order to evade execution. In this case, the applicant for enforcement can apply for compulsory measures such as fines and detention against the executed person, giving pressure to the executed person, and sometimes it is also a solution.
4. Say no to the final execution of the court. Nowadays, courts often end up being very hasty. Online investigation and control have no assets, and are basically going to end. However, according to the notice issued by the Supreme People's Court on the "Provisions on Strictly Standardizing the Termination of this Execution Procedure (Trial)", strict conditions are actually required for the court to execute the final version. Please refer to the above notice for details. The applicant for enforcement may raise an objection to the court's final execution in accordance with these regulations.
The above are some conventional measures. In addition, there may be other measures, such as conducting investigations on one's own or searching for relevant information online. I will not elaborate further here.
3、 Summary
There are many cases executed by the court, and judges may not necessarily spend a long time on one case. Therefore, in the process of execution, it is necessary to communicate more with the judge and try to make the investigation work more in-depth in addition to online investigation and control. Executing work is a task where the outcome is unknown at the beginning and may not be achieved in the end. But as long as you work hard, there will be one more possibility. I hope this article can help some friends in need.
