If there is an IOU that has not expired, whether it can apply for pre litigation preservation

If there is an IOU that has not expired, it is not possible to apply for pre-litigation preservation, because pre-litigation preservation should be filed within 30 days. You can't accept the lawsuit now, and even if you do, you will lose the case.

Article 101 of the General Principles of the Civil Law Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with jurisdiction over the case for the place where the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case is 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 adopts the preservation measures, the people's court shall lift the preservation.

Important addition: Pre-litigation preservation sounds good, but it is difficult to operate in practice, because the court has certain risks in enforcing pre-litigation preservation, so it will generally not be granted (simply put, it is accepted only if it is related). However, if you want to preserve the litigation, as long as you provide sufficient security, the court will basically agree.

Pre-litigation preservation is a measure to protect creditor's rights, and procedurally stipulates that pre-litigation preservation must provide security, and a lawsuit must be filed within 15 days after the pre-litigation preservation ruling, otherwise the loss of the pre-litigation preservation party must be compensated.

The loan is not due, which means that the borrower is not in default, and you may lose the case once you sue, however, if you have evidence that the borrower has lost the ability to repay, you can ask him to pay the arrears early, so that you can sue, and you can apply for pre-litigation preservation.

Whether or not to apply for pre-litigation preservation is up to you to decide based on your own circumstances.

Lawyer Zhou63 has already answered, and it just so happens that my surname is Zhou.

Legal analysis: If there is an IOU that has not expired, it is not possible to apply for pre-litigation preservation, because pre-litigation preservation should be filed within 30 days. You can't accept the lawsuit now, and even if you do, you will lose the case.

Legal basis: Civil Code of the People's Republic of China

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 680:Usurious lending is prohibited, and the interest rate on loans must not violate the provisions of the State on the issue of defending the law. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest. If the loan contract is not clear on the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' transaction methods, trading habits, market interest rates and other factors; Loans borrowed from each other shall be deemed to have no interest.

Not unless the loan can be recovered early and the borrower is prepared to be sued. Property preservation is divided into two types: pre-litigation property preservation and litigation property preservation, the purpose of which is to prevent the borrower from evading or transferring the property and affecting the enforcement of the payment, and the applicant shall apply to the court for property preservation, and if the pre-litigation property preservation is complete, the applicant must file a lawsuit within 30 days after applying to the court for preservation, otherwise the preservation measures will be lifted. Litigation preservation can only be carried out after the lawsuit has been filed.

Basis of the Law Agency:

Article 537 of the Civil Code of the People's Republic of China Where the people's court finds that the right of subrogation is established, the debtor's counterpart shall perform its obligations to the creditor, and after the creditor accepts the performance, the corresponding rights and obligations between the creditor and the debtor and the debtor and the counterpart shall be terminated. Where preservation or enforcement measures are taken against the debtor's creditor's rights against the counterparty or subordinate rights related to the creditor's rights, or the debtor goes bankrupt, it shall be handled in accordance with the provisions of the relevant laws.

If the loan contract has not reached the repayment date, it is not possible to apply for preservation under normal circumstances. However, if there is evidence before maturity to prove that the borrower has maliciously transferred the property to evade the debt, then the borrower can apply for property preservation at this time. According to the first paragraph of Article 101 of the Civil Procedure Law, if an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the People's Court of Attorney for Preservation at the place where the property to be preserved, the place where the respondent is domiciled, or the People's Court of Justice, which has jurisdiction over the case, 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. Legal basis: Article 101, Paragraph 1 of the Civil Procedure Law: 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 for the place where the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case is 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.