The amount of property preservation exceeds the amount of the subject matter of the lawsuit

If you apply for a preservation of 200,000 yuan, you will provide a guarantee of 200,000 yuan. One million is too much higher than the 200,000 he owes you, and it is not allowed. If the pre-litigation preservation cannot foresee the final amount of the preservation, and the final amount of the lawsuit is actually less than the amount of the preservation, and the other party believes that the preservation is in error, it may bear the losses of the excess preservation, including interest, etc.

Article 21 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts Article 21 The sealing, seizure or freezing of the property of the person subject to enforcement shall be limited to the extent that the amount of the value is sufficient to pay off the amount of the creditor's rights and the costs of enforcement as determined in the legal documents, and shall not be sealed, seized or frozen in an amount that clearly exceeds the standard.

Where it is discovered that the amount exceeding the standard amount is sealed, seized, or frozen, the people's court shall, on the basis of the application of the person subject to enforcement or ex officio, promptly lift the sealing, seizure, or freezing of the part of the property that exceeds the standard, except where the property is indivisible and the person subject to enforcement has no other property available for enforcement, or other property is insufficient to pay off debts.

The amount of property preservation must not clearly exceed the amount of the subject matter of the litigation, otherwise, the parties may request in writing that the excess part of the preservation measures be lifted, and the court shall promptly lift the preservation measures for the excess amount.

Where the respondent of property preservation submits that the court has exceeded the standard for property preservation during the trial of the case, and requests in writing that the excess portion of the preservation measures be lifted, the court shall promptly inform the applicant after receiving the application, ask the applicant for their opinions, and make a record, and may not make a determination without inquiry.

Where, upon review, the court finds that the preservation has indeed exceeded the standard, it shall, in accordance with the provisions of paragraph 2 of Article 21 of the Supreme People's Court's "Provisions on the Sealing, Seizure, and Freezing of Assets in Civil Enforcement by the People's Courts", promptly rule to lift the preservation of the part of the property that exceeds the standard.

If one of the following circumstances is met, it may be deemed that the property of the respondent has been preserved in excess of the standard:

1) The total amount of funds actually frozen by the respondent exceeds the amount to be preserved;

2) The total value of the divisible property that has been sealed or seized clearly exceeds the amount of the ruling after deducting depreciation and possible future costs such as storage or auction.

The court shall inform the parties of the results of the review of the preservation exceeding the standard, hear the opinions of the parties, and make a record.

Hello. What you propose to the court is a preservation worth 200,000 yuan, and you only need to provide the court with property information, how to get the court to solve it.

Generally, no more than 10% can not apply for unsealing, and if there is more, you can file an objection to property preservation with the court.

Preserve the whole set because the property is indivisible. For details, please refer to Article 15 of the Notice of the Supreme People's Court and the Supreme People's Procuratorate on the Prohibition of Local People's Courts and People's Procuratorates from Formulating Judicial Interpretation Documents (Fa Fa 2012 No. 2).

The guarantee needs to provide 30%, which is 300,000.

For more information, please refer to this web link.

It is not possible for property preservation to exceed the scope of the subject matter of the lawsuit, and the application for property preservation needs to be filed by the parties. If the property involved in the disputed legal relationship between the interested party and others is in a state of emergency, failure to immediately take property preservation measures may cause the legitimate rights and interests of the interested party to suffer irreparable real danger. The so-called limited scope of the request means that the value of the property to be preserved should be within the scope of the property claimed by the interested party or the litigation party, and should not exceed the value of the subject matter of the claim or litigation claim, and the amount should be roughly equal in amount.

Limited to the scope of the request, it may also be an application for preservation of a specific property filed by an interested party or a litigant in Zaozhou, or the subject matter of a dispute between the litigants, or an item that is implicated in the subject matter of the case. If the scope of the applicant's application for preservation exceeds the scope of the request or the property to be preserved is not related to the case, then the applicant should bear the property losses caused by this and bear the relevant liability for compensation, and the scope of compensation should be consistent with the scope of the losses caused.

No, the subject matter of the application for preservation by the people's court must not exceed the amount of the subject matter of the litigation, otherwise the parties may request the people's court to immediately lift the preservation measures in excess of the subject matter, and the people's court must also lift it. However, before the court formally initiates the property preservation measures, it will also accompany the careful review.

"Litigation preservation" refers to the compulsory measures taken by the people's court in accordance with law against the subject matter of the litigation or property related to the case before making a judgment on the case in a case where it may be impossible or difficult to enforce the judgment due to the conduct of one of the parties or other reasons. Before deciding to employ litigation preservation measures, the people's court may order the applicant to provide lead protection, and where it refuses to provide a guarantee, it shall reject the application for litigation preservation.

Where the situation is urgent, the people's court may make a ruling within 48 hours and immediately employ litigation preservation measures. Where parties are dissatisfied with the litigation preservation ruling, they may apply for reconsideration. During the period of reconsideration, the enforcement of the ruling is not stopped.

1. What are the methods of litigation preservation?

Parties applying for litigation preservation generally submit an application in writing. However, in special circumstances, if the party has real difficulties in writing, it may be submitted orally, and the people's court shall record and attach it to the case file, and the applicant shall sign and affix a seal.

The measures for property preservation include sealing, seizure, freezing, extraction, detention, etc., and the measures requested by the parties to be taken by the court must be stated in the application, which must be affirmative and specific, and cannot be ambiguous. Otherwise, the court may dismiss it.

The application for pre-litigation preservation is made before the lawsuit is filed, and the proceedings have not yet begun; The time for applying for litigation preservation is after the commencement of litigation proceedings and before the people's court makes a judgment for enforcement, and no application for litigation preservation can be made after the commencement of enforcement.

The pre-enforcement preservation period is after the legal instrument takes effect and before the enforcement procedure begins. If the creditor does not apply for preservation due to an emergency such as the transfer of property by the other party, which may lead to the inability to enforce or difficulty in enforcing the effective legal document, it may apply to the enforcing court for preservation measures, and if the creditor does not apply for enforcement within 5 days after the expiration of the performance period specified in the legal document, the court shall lift the preservation.

It is the right of a party to apply to the people's court for property preservation; At the same time as he applies for litigation preservation, he must provide a guarantee to the people's court, which is his obligation. As long as the party's application meets the requirements for litigation preservation and a guarantee is provided, the people's court shall make a ruling on the property. The people's court was stupid at the time of making its ruling, and there was no need to conduct an investigation, but it must seriously examine the application of the parties.

It is not possible for property preservation to exceed the scope of the subject matter of the lawsuit, and the application for property preservation needs to be filed by the parties. The property involved in the disputed legal relationship between the interested party and others is in a state of emergency, and failure to immediately take property preservation measures may cause the legitimate rights and interests of the interested party to suffer irreparable real danger.

The so-called limited scope of the claim means that the value of the property to be preserved should be within the scope of the property claimed by the interested party or the litigation party, and should not exceed the value of the subject matter of the claim or claim, and the amount should be roughly equal to that of Sakureed-dong. Limited to the scope of the request, it may also be an application for preservation of a specific property filed by an interested party or a party to the litigation, or the subject matter of a dispute between the parties to the litigation, or an item that is implicated in the subject matter of the case. If the scope of the applicant's application for preservation exceeds the scope of the request or the property to be preserved is irrelevant to the case, then the applicant should bear the property losses caused by this and bear the relevant liability for compensation, and the scope of compensation should be consistent with the scope of the losses caused.

1. Application fees for property preservation and their burdens.

1. According to Article 10 of the Measures for Payment of Litigation Fees, "a party shall pay the application fee when applying to the people's court for the following matters in accordance with the law: applying for preservation measures; ”

Article 14 of Chapter 3 of the Measures stipulates that "the application fee shall be paid according to the following standards: where preservation measures are applied, the following standards shall be paid according to the actual amount of property 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 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. ”

2. Paragraph 3 of Article 22 of the Measures stipulates that the application fee shall be paid in advance by the applicant at the time of application or within the time limit specified by the people's court.

3. Paragraph 3 of Article 38 of the Measures stipulates that the application fee specified in Article 10 (2) of these Measures shall be borne by the applicant, and if the applicant files a lawsuit, the application fee may be included in the litigation application. That is to say, the applicant can list the application fee for property preservation and the guarantee fee paid to the litigation guarantee company as a litigation claim, and demand the respondent or defendant to bear the burden when the lawsuit is won.