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Under normal circumstances, if a party applies for property preservation, it is required to provide security in order to compensate for the losses that may be caused to the preserved party due to the preservation error. The Civil Procedure Law does not stipulate the amount of security that a party should provide when applying for preservation of litigation property, and in the past, the common practice was to require the parties to provide a guarantee equivalent to the amount requested for preservation, because preservation only restricts the disposal of the property to be preserved, and generally does not lead to the loss of property, so the amount of the full amount of security is usually much higher than the property loss that may be caused to the party subject to preservation, resulting in too high security requirements, too low the proportion of preservation application, and it is difficult to effectively play the role of preservation. To this end, Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts provides that the amount of security for litigation preservation shall not exceed 30% of the amount requested for preservation or the value of the property subject to dispute, which greatly reduces the cost of the parties applying for preservation.
Legal basis: Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts: Where a people's court orders the person applying for preservation to provide a guarantee for property preservation in accordance with article 100 of the Civil Procedure Law, the amount of the guarantee shall not exceed 30% of the amount requested; If the property to be preserved is the subject matter of the dispute, the amount of security shall not exceed 30% of the value of the subject matter of the dispute.
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The preservation fee is 1,520 yuan, and the cost of providing security is equivalent to 200,000 yuan in cash or property.
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It is 100 yuan, and there are no other fees.
If the property preservation fee is irreparable to the interested party's lawful rights and interests if it does not immediately apply for preservation due to an urgent situation, it may apply to the people's court with jurisdiction over the case to take preservation measures at the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration.
Where preservation measures are applied, they shall be paid according to the standards listed in the following volume 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% of the state lead license; 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.
Legal basis: Article 6 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts: Where the person applying for preservation or a third party provides property security for property preservation, a letter of guarantee shall be issued to the people's court. The guarantee letter shall clearly state the guarantor, the method of guarantee, the scope of the guarantee, the property to be secured and its value, the liability for the guarantee, and other such contents, and attach relevant evidentiary materials.
Where a third party provides a guarantee for property preservation, it shall submit a guarantee to the people's court. The guarantee shall clearly state the guarantor, the method of guarantee, the scope of the guarantee, the responsibility for the guarantee, and other such content, and attach relevant evidentiary materials.
Where upon review, the people's court finds that the prohibitive provisions of the Civil Code, the Company Law and other relevant laws have been violated, the people's court shall order the person applying for preservation to provide other guarantees within a specified period of time; If it is not provided within the time limit, it shall be ruled to reject the application.
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Legal analysis: The security deposit is different for each court, generally 20%, that is, about 40,000 yuan and the spine branch, to ensure that the call money is refundable, in addition to the Baoye Heng certificate money, but also to pay the preservation fee. You can't afford the security deposit and call a qualified guarantor company to guarantee it.
Legal basis: Article 60 of the Tendering and Bidding Law of the People's Republic of China If the winning bidder fails to perform the contract signed with the tenderer, the performance bond shall not be returned, and if the loss caused to the tenderer exceeds the amount of the performance bond, the excess part shall be compensated; If the performance bond is not submitted, it shall be liable for the losses of the tenderer.
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1530 RMB. If the amount of property does not exceed 1,000 yuan, 30 yuan shall be paid for each piece; 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 paid by the parties to apply for preservation measures shall not exceed 5,000 yuan.
Legal basis: Standards for Payment of Litigation Costs Article 14 The application fees shall be paid in accordance with the following standards: (2) Where preservation measures are applied, the following standards shall be paid according to the amount of vacant property actually 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 piece; The part exceeding 1,000 yuan to 100,000 yuan in Douqinglu shall be paid according to 1%; The part exceeding 100,000 yuan shall be paid according to the payment. However, the maximum amount of mindfulness fees to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan.
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Summary. The charging standards for property preservation deposits are as follows: if the amount of property preservation does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan shall be paid for each piece; 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. The fee to be paid by the parties when applying for property preservation shall be determined according to the value of the property to be preserved, and if the value of the property to be preserved is higher, the fee will be higher, but the maximum fee will not exceed 5,000 yuan.
Hello. The charging standards for property preservation deposits are as follows: if the amount of property preservation does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan shall be paid for each piece; The part exceeding 1,000 yuan to 100,000 yuan shall be paid according to 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. If the value of the property to be preserved is higher, the fee will be higher, but the maximum will not exceed 5,000 yuan.
Tell me. It is applied to preserve the balance of 50,000 yuan in Alipay, and how much does it need to pay to pay the deposit.
If it is 50,000 yuan, it will be paid at 1 percent, that is, 500 yuan.
The application for preservation froze the balance of 50,000 yuan in Alipay, and the person subject to preservation needs to pay how much deposit to unfreeze.
That is, Alipay for property preservation is frozen for 50,000 yuan, and how much deposit I need to pay can be released.
Is it still there. My system is always stuck today.
Yes, there is generally no need to pay a deposit for unthawing. Clause.
1. In a property dispute case, the respondent may apply for the lifting of the preservation. Clause.
2. The respondent shall provide sufficient and effective security, and the type of guarantee shall be subject to the provisions of the Preservation Provisions on the provision of security by the applicant. Clause.
3. Generally, it is not necessary to obtain the consent of the petitioner, but if the subject matter of the preservation is the subject matter of the litigation dispute, the original preservation can only be lifted with the consent of the applicant.
Do you know a clear reason for the money that was frozen on Alipay? It is recommended that you contact Alipay customer service as soon as possible.
If your property is frozen due to Alipay lending or financial relationship, it is more effective to contact Alipay customer service to learn how to solve the problem.
If your property is frozen due to a civil property dispute case, if you want to release the preservation, you need to provide security to release the property preservation in the above way.
According to Article 116 of the Judicial Interpretation of the Civil Procedure Law, 17 of the Judicial Interpretation of the Civil Procedure Law, "if the person subject to property preservation provides the secured property of equivalent value to the person subject to preservation in an early and disorderly manner, and it is conducive to enforcement, the people's court may rule to change the subject matter of the preservation to the secured property provided by the person subject to preservation." ”
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To apply for preservation of 200,000 yuan, the court has to pay a preservation fee of 1,520.
If you use your own property as security, there is basically no fee, but if you find other property as security, there may be a corresponding fee.
You can find a guarantee for the property, or you can find a guarantee company to issue a letter of guarantee, and the guarantee company may charge a certain guarantee fee.
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An equivalent deposit is also required.
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Property preservation is generally applied for by the parties (plaintiffs), and the court will review and decide whether to take property preservation measures. However, in order to ensure that the applicant does not apply for property preservation at will and damage the property interests of the other party, the applicant is generally required to submit a security deposit. Article 92 of the Civil Procedure Law of the People's Republic of China: In cases where a judgment may be unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons, the people's court may, on the basis of the application of the other party, make a ruling on property preservation; 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. According to Article 152 of the Interpretation of the Civil Procedure Law, where a people's court orders an interested party or party to provide a guarantee in accordance with articles 100 and 101 of the Civil Procedure Law, it shall give written notice when taking pre-litigation preservation or litigation preservation measures. Where interested parties apply for pre-litigation preservation, they shall provide a guarantee.
Where an application is made for pre-litigation property preservation, a guarantee equivalent to the amount requested for preservation shall be provided; Where there are special circumstances, the people's courts may handle it at their discretion. Where an application is made for pre-trial act preservation, the amount of security is to be determined by the people's court on the basis of the specific circumstances of the case. In litigation, if the people's court adopts preservation measures on the basis of an application or ex officio, it shall, on the basis of the specific circumstances of the case, decide whether the parties should provide security and the amount of the guarantee.
In accordance with the provisions of the people's court's measures for charging litigation fees, where preservation measures are applied, the amount of property to be paid according to the following standards is not to exceed 1,000 yuan or 30 yuan for each piece that does not involve the amount of property; 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. It can be seen that the security deposit for applying for property preservation is equivalent to the amount of the property to be preserved, and a certain preservation fee is required in addition to this.
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