I am the defendant, can I request the preservation of the plaintiff s property?

The following conditions shall be met for the use of property preservation in litigation:

First, the case in which it is necessary to take property preservation in litigation against the property in dispute must be a lawsuit for payment, that is, the litigation claim in the case has the content of property payment.

Second, the effective judgment in the future cannot be enforced or is difficult to enforce due to subjective or objective factors. Subjective factors include that the parties have transferred, damaged, or concealed property, or are likely to take such acts; The objective factors are mainly that the subject matter of the litigation is an item that is prone to deterioration and decay, and if preservation measures are not taken in a timely manner, it will cause greater losses.

Third, property preservation in litigation occurs after the civil case is accepted and before the court makes an effective judgment. In the first-instance or second-instance proceedings, if the case has not yet been concluded, an application for property preservation can be made. If the judgment of the court has taken effect, the parties may apply for compulsory enforcement, but may not apply for property preservation.

Fourth, the parties to the litigation shall generally submit a written application for property preservation. Where the parties do not submit an application, the people's court may also rule to employ property preservation measures when necessary. However, the people's courts generally rarely use their authority to rule on property preservation, because according to the provisions of the State Compensation Law, if the people's court makes a mistake in taking property preservation ex officio or enforcing it first, the people's court shall bear the liability for compensation in accordance with the law.

Fifth, the people's court may order the parties to provide guarantees. On the basis of the applicant's application, the people's court may order the applicant to provide security before taking measures to preserve property in litigation. The amount of security provided shall be equal to the amount requested for preservation.

If the applicant does not provide a guarantee, the people's court may reject the application. In the event that an error in property preservation in a lawsuit causes losses to the applicant, the respondent can directly obtain compensation from the property secured by the applicant.

You're saying the other way around, right? If it's the plaintiff, it's fine.

Legal Analysis: The defendant may apply for property preservation against the plaintiff. In civil cases, the plaintiff may apply to the people's court for preservation of the defendant's property.

No matter what procedures the court applies to hear a case, as long as the parties apply, the court can preserve the property of the other party. The interim measures will not be subject to the trial proceedings.

Legal basis: Article 100 of the Civil Procedure Law of the People's Republic of China: In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, only on the basis of the application of the other party, rule to preserve its property, order it to perform certain acts, or prohibit it from doing certain acts; If the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary. The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, it shall rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Legal analysis: to see whether it is property preservation or evidence preservation. If the conditions are met, the defendant may apply for evidence preservation.

However, the defendant cannot apply for property preservation, and can only apply for property preservation if the defendant files a counterclaim. According to the law, as long as there is a situation where evidence may be destroyed or difficult to obtain in the future, the participants in the litigation may apply to the court for the preservation of evidence, and the court may also take the initiative to take preservation measures to delay the lawsuit ex officio. The defendant is also a participant in the proceedings.

Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China If an interested party does not immediately apply for preservation due to an urgent situation, it will suffer irreparable damage to its lawful rights and interests, it may apply to the people's court with the location of the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately. Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court takes preservation measures, the People's Law Hidden Ming Court shall lift the preservation.