How to apply for litigation preservation and how to apply for litigation preservation

Proper litigation preservation measures will play a positive role in promoting the protection of the legitimate rights and interests of the parties, prompting the parties to perform their obligations in accordance with the law, and ensuring the smooth implementation of the judgments made by the people's courts in the future. Then, the parties 1. The way of application must meet the requirements. 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. 2. The time for application should be timely. 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 the litigation procedure and before the people's court makes a judgment, and no application for litigation preservation can be made after the judgment takes effect.

Where, before the second-instance people's court receives the reported case, the parties have transferred, concealed, sold, or damaged property, and it is necessary to take litigation measures, the first-instance trial court is to make a ruling on property preservation, and it shall promptly report it to the second-instance trial court. 3. The object and scope of the request should be clear. The scope of litigation preservation shall be limited to the property disputed by the parties or the property of the respondent.

For the preservation of the property of the respondent, the applicant shall be required to provide relevant property ownership certificates, such as proof of ownership of the car for the car and certificate of ownership of the house for the house, so as to prevent the property of others from being wrongly sealed or seized. Fourth, the measures to be taken to apply for preservation should be specific. 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 affirmative and specific, and cannot be ambiguous, otherwise the court may not accept it.

5. The conditions for application must comply with the provisions of the law. To apply for litigation preservation, the following conditions must be met: (1) The case for litigation preservation must be a lawsuit for payment, or a combination of lawsuits containing payment, that is, the lawsuit must have payment content.

A simple lawsuit for confirmation or modification does not have the content of payment, and litigation preservation is not applicable. (2) The premise of litigation preservation must be met. It must be possible that the judgment cannot be enforced or is difficult to enforce due to the behavior of one party or other reasons, so that the legitimate rights and interests of the right holder will suffer irreparable losses and irreparable consequences.

6. The applicant shall provide a guarantee. Litigation preservation is an urgent compulsory measure taken by the people's court on the basis of the applicant's application. From the perspective of protecting the lawful rights and interests of both parties, the people's court may reject the application if the applicant fails to provide compensation for the losses suffered by the respondent due to litigation preservation after the applicant loses the lawsuit.

Hello, when you go to the court to file a case, you can apply for litigation preservation at the same time. In a personal injury case such as a traffic accident, you can ask the other party to pay your lawyer's fees. If necessary, please contact us directly.

Legal Analysis: The application for litigation preservation should first meet the corresponding conditions:

1. 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.

2. The applicant shall provide a guarantee when applying for litigation preservation. The applicant does not provide a guarantee and refuses to return the application.

Legal basis: Article 537 of the Civil Code Where the people's court determines 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.

Article 538 of the Civil Code: Where the debtor disposes of property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property without compensation, etc., or maliciously extends the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

If a party applying for litigation preservation is to submit an application for property preservation to the people's court, it is necessary to provide a guarantee. Litigation preservation refers to the compulsory measures taken by the people's court in accordance with the law against the subject matter of the litigation or property related to the case before making a judgment on the case that may be rendered unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons. Article 100 of the Civil Procedure Law provides that the people's court shall, on the basis of the application of the other party, in cases where it may be difficult to enforce the judgment or cause other damage to the suspect party due to the conduct of one of the parties or other reasons; may 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 if the applicant does not provide a guarantee, and 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.

Legal analysis: If a party applying for litigation preservation wants to apply to the people's court for property preservation, it needs to provide security. "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 that may be made noisy or difficult to enforce due to the conduct of one of the parties or other reasons.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 100: 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 court may, upon the application of the opposing party, rule to preserve its property, order it to perform certain acts, or prohibit it from doing certain acts; Where the parties do not submit an application for mitigation, the people's court may also rule to adopt preservation measures when necessary.

Legal Analysis] Litigation preservation is generally made by the parties to submit a written application to the people's court in writing after the lawsuit is filed, before the judgment is enforced, or at the same time as the lawsuit is filed. Where it is submitted orally, the people's court shall record and attach it to the case file, and have the applicant sign and affix a seal. The application and record shall clearly indicate the reason for the request for litigation preservation, the type of subject matter or relevant property to be preserved, the quantity, the value, and the location.

In cases where a party is dissatisfied with a first-instance judgment and appeals, and before the second-instance trial court receives the reported case, the parties have transferred, concealed, sold, or damaged property, and litigation measures must be employed, the first-instance trial court is to make a ruling on property preservation and shall promptly report it to the second-instance trial court. In addition, after the judgment takes effect and before the judgment is enforced, if a party has transferred, concealed, sold or destroyed property, and it is necessary to take preservation measures, the people's court may also make a ruling on property preservation ex officio.

Legal basis] Supreme People's Court's Interpretation on the Application of the "Civil Procedure Law of the People's Republic of China" Article 152: Where a people's court orders a party interested in a breach of action to provide a guarantee in accordance with articles 100 and 101 of the Civil Procedure Law, when employing pre-litigation preservation or litigation preservation measures, it shall give written notice. 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, where the people's court adopts preservation measures upon application or ex officio, it shall, on the basis of the specific circumstances of the case, decide whether the parties should provide a guarantee and the amount of the guarantee.