Precautions for creditors applying for property preservation

Property preservation is usually an application before or during litigation, when the court has not yet rendered a judgment on the disputed case, even if there is an appeal period after the judgment. Therefore, it is not necessary to provide the debtor's property status before the judgment takes effect. Even after the judgment takes effect, if the defendant fails to perform the debt, then the plaintiff can apply to the court for enforcement, and the debtor's property status can be provided to the enforcement judge in the enforcement stage, or it may not be provided.

The conditions for creditors to apply for property preservation are: 1. It is difficult to enforce the judgment or cause other damage to the parties due to the difficulty of one of the parties or other reasons of the smiling party; 2. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected by a ruling.

Legal basis. Article 100 of the Civil Procedure Law of the People's Republic of China (2017 Revision) Applicable Conditions and Procedures: 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 courts may, upon the application of the opposing party, rule to preserve their property, 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.

The conditions for a creditor to apply for property preservation are that in an emergency situation, the legitimate rights and interests of the creditor who does not apply for property preservation will be irreparably harmed, and the creditor who applies for property preservation shall also provide security.

Legal basis] Article 101 of the Civil Procedure Law.

If, due to the urgency of the situation, an interested party does not immediately apply for preservation and will suffer irreparable damage to its lawful rights and interests, it may apply to the people's court with the place where the property subject to preservation is located, 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 preservation measures are taken in a disorderly manner, 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.

Legal analysis: The conditions for creditors to apply for property preservation are: 1. The case of preservation must be a lawsuit for payment; 2. It is necessary to take property preservation; 3. The parties submit an application; 4. The pre-litigation property preservation is the only one that provides a guarantee.

Legal basis: According to Article 92 of the Civil Procedure Law, the people's court may, on the basis of the application of the other party, make a ruling on property preservation in cases where the judgment may be unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to employ property preservation measures when necessary.

The people's court may order the applicant to provide a guarantee when employing property preservation measures; If the applicant does not provide a guarantee, the application shall be rejected. After the people's court accepts the application, if the situation is urgent, it must make a ruling within 48 hours; Where a ruling is made to employ property preservation measures, enforcement shall be immediately commenced.

Procedures for creditors to apply for property preservation: To apply for pre-litigation property preservation, the interested party shall apply to the court before filing a lawsuit. Where the people's court accepts the application and rules for preservation, and the applicant does not file a lawsuit within 30 days, the ruling for preservation is lifted.

Litigation property preservation can be applied for at the same time as or after the lawsuit is filed. 2. The applicant submits the file to provide clear clues. 3. The people's court may order the applicant to provide a guarantee.

If the applicant does not provide a guarantee, the request for rejection. 4. Where a party applies for pre-litigation property preservation, the court shall make a ruling within 48 hours of accepting the application. Once a ruling has been made, it has legal effect.

Where a party is dissatisfied with an appeal, it may apply for a reconsideration once, and the enforcement of the ruling is not suspended during the reconsideration period.

Articles 1-4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Cases of Preservation of Property by the People's Courts.

1. How to apply for property preservation by creditors.

After a creditor's rights and debts dispute arises, the creditor may apply to the people's court for property preservation in an emergency, and provide the application form, relevant evidence and other materials when applying.

Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts

Article 1: Parties and interested parties applying for property preservation shall submit a written application to the people's court and provide relevant evidentiary materials.

The application shall contain the following particulars:

2) the subject matter of the request and the facts and reasons on which it is based;

3) The amount requested for preservation or the subject matter of the dispute;

4) Clear information on the property to be preserved, or specific leads on the property to be preserved;

5) Property or information or credit certificates that provide security for property preservation, or reasons why it is not necessary to provide security;

6) Other matters that need to be specified.

After the legal document takes effect, but before entering the enforcement procedure, if the creditor applies for property preservation, it shall write down the drafting organ, document number and main content of the effective legal document, and attach a copy of the effective legal document.

Hello, property preservation is an important legal system regulated by China's Civil Procedure Law. According to the provisions of the Civil Procedure Law, there are two types of property preservation: one is pre-litigation property preservation; The other is property preservation in litigation.

1. "Pre-litigation property preservation" refers to the people's court's application based on an interested party's application before accepting a lawsuit.

The procedures for release on bail pending further investigation are as follows: 1. Initiate an application for release on bail pending further investigation. The person or defendant in the criminal suspect town who is in custody or the legal person and lawyer designated by him or her shall enjoy the right to apply for release on bail pending further investigation.

2. The decision to release on bail pending further investigation. 3. Enforce release on bail pending further investigation. 4. The maximum period of release on guarantee pending further investigation shall not exceed 12 months. ”

The main risks faced by creditors applying to the people's court to take property preservation measures are as follows: (1) After the preservation, the Huituan lawsuit is not initiated during the pre-legal verification period, resulting in the release of the property preservation, which triggers a compensation lawsuit. (2) The preservation measures are incomplete, resulting in the failure of property preservation.

3) The application for property preservation exceeds the limit, causing unnecessary losses to the respondent. (4) The preservation measures are not effective in making the judgment unenforceable.