Can I apply for pre litigation property preservation at the same time as filing a case?

In accordance with the law, an application for property preservation may be made.

Code of Civil Procedure.

Article 100:In cases where it might 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 courts may, upon the application of the opposing party, rule to preserve their assets, order them to perform certain acts, or prohibit them from doing certain acts; Where 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, 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.

Article 101:Where an interested party's lawful rights and interests will be irreparably harmed if they do not immediately apply for preservation due to an urgent situation, they may apply to the people's court for preservation measures at the location of the property subject to preservation, the domicile of the respondent, or the people's court with 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.

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.

You may apply for pre-litigation property preservation.

Pre-litigation property preservation can be applied for 15 days before the lawsuit is filed.

According to the law, there is no need to file a case for pre-litigation property preservation, and pre-litigation property preservation, that is, pre-litigation preservation, refers to a property preservation measure taken by the People's Court of Helu if the interested party does not immediately apply for property preservation due to the urgency of the situation, which will cause irreparable damage to its legitimate rights and interests. Civil disputes related to pre-litigation property preservation must have a payment content. If the civil legal relationship in dispute is not due to a dispute over property interests, but a dispute over personal reputation, and there is no content of payment, the court cannot take pre-litigation preservation measures.

In accordance with the provisions of the Measures for Payment of Litigation Fees, where an application is made for preservation measures, the following standards shall be paid according to the actual amount of property to be preserved: if the amount of property does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan shall be paid for each item; The part exceeding 1,000 yuan to 100,000 yuan shall be paid at 1%; The part exceeding 100,000 yuan shall be paid according to the payment. However, the fee to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan.

1. What are the means of claiming property preservation?

According to the provisions of the Civil Procedure Law, property preservation may take the form of sealing, seizure, freezing, or other methods prescribed by law.

1. "Seizure" refers to a property preservation measure in which the people's court affixes a seal and seals it on the spot after taking an inventory of the property that needs to be preserved, so as to prevent any unit or individual from disposing of it. "Seizure" refers to a property preservation measure in which a people's court moves property that needs to be preserved to a certain place and detains it to prevent any unit or individual from disposing of it.

2. "Freezing" refers to a property preservation measure in which the people's court notifies the relevant financial unit in accordance with the law that the respondent is not allowed to withdraw or transfer its deposits. Funds frozen by the people's courts in accordance with law are not allowed to be used by any unit or individual. Where assets have already been sealed or frozen, they must not be sealed or frozen repeatedly.

3. Other methods permitted by law include ordering the respondent to provide security. Ordering the respondent to provide a guarantee is a property preservation measure in which the people's court orders the guarantor to issue a written guarantee or order the respondent to provide a bank guarantee or physical guarantee.

In contemporary society, before the occurrence of litigation, then the parties can have certain rights, and one of the most common rights is property preservation before litigation. When preservation occurs, there is no connection between it and whether the case is established or not, so it does not need to be filed.