When can a Party Apply to the Court for Enforcement?

2020/1/8

The judgment or order cannot be applied to the court for enforcement immediately after it takes effect.

The judgment or order of the court will give the losing party a deadline to fulfill its obligations, within which the winning party cannot apply for enforcement. If the losing party fails to perform its obligations within the time limit specified in the judgment or order, the winning party may apply to the court for enforcement.

We still want to remind everybody: the application for enforcement has time limit. The court will not accept the application beyond the statutory time limit. According to the provisions of the Civil Procedure Law, the time limit for applying for enforcement shall be two years from the last day of the time limit for performance specified in the judgment (or other effective legal document). The two-year period applies to the suspension, interruption and other provisions of the statute of limitations. The interruption and suspension of the limitation of action is a complicated problem, so it is not explained here.

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