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The preservation fee refers to: the court preservation fee is the fee charged by the court when the property preservation is applied, and the money collected belongs to the ** finance department and is not refundable.
Paragraph 2 of Article 14 of the Measures for Litigation Fees of the People's Courts provides:
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.
"Preservation" refers to the people's court's adoption of compulsory measures restricting the disposition of the parties' property or the subject matter of the dispute before or after the interested parties file a lawsuit, in order to ensure that the effective judgment can be enforced in the future or to avoid property losses.
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Preservation fees are a type of litigation fee, and when the case is concluded, the burden of litigation fees shall be handled in the judgment, ruling or mediation document. If the court determines that the preservation fee will be borne by the other party, the court should refund the preservation fee you paid in advance.
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The preservation fee is the fee that the parties should pay to the people's court when they apply to the people's court for property preservation, and they are of the same nature as the litigation fee and can be borne by the losing party.
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What does property preservation mean.
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What is property preservation? How?
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1. The preservation fee refers to the fee charged by the court when it preserves the property that is applied, and the money collected belongs to the ** finance department and is not refundable. "Preservation" refers to the people's court's adoption of compulsory measures restricting the disposition of the parties' property or the subject matter of the dispute before or after the interested parties file a lawsuit, in order to ensure that the effective judgment can be enforced in the future or to avoid property losses.
2. Legal basis: Article 14 of the Measures of the People's Republic of China for the Payment of Litigation Costs.
The application fee shall be paid according to the following standards:
1) Where an application is made to the people's court for the enforcement of a judgment, ruling, or mediation document of the people's court that has the effect of a law, an award or mediation document made by an arbitration institution in accordance with law, a creditor's rights document that has been given compulsory enforcement effect by a notary public in accordance with law, or an application for recognition and enforcement of a judgment or ruling of a foreign court or an award of a foreign arbitration institution, it shall be paid in accordance with the following standards:
1. If there is no execution amount or price, 50 yuan to 500 yuan shall be paid for each piece.
2. If the execution amount or price does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; The part exceeding 10,000 yuan to 500,000 yuan shall be paid according to the payment; The part exceeding 500,000 yuan to 5 million yuan shall be paid at 1%; The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; The part exceeding 10 million yuan shall be paid according to the payment.
3. Where the provisions of paragraph 4 of Article 55 of the Civil Procedure Law are met, and the rights holder who has not participated in the registration initiates a lawsuit with the people's court, the application fee shall be paid in accordance with the standards provided for in this paragraph, and the case acceptance fee shall not be paid.
2. Which party shall bear the pre-litigation property preservation costs.
In addition to providing corresponding guarantees, property preservation is subject to a certain fee according to the amount of the application for property preservation, and the cost of property preservation is usually borne by the losing party, but like the litigation costs, it must be paid in advance by the applicant party.
If you apply for property preservation before litigation, it depends on the practice and operation of local courts, and the review is relatively strict, and it seems that some courts do not carry out such operations. The complaint and the application for preservation will be transferred to the trial court together, and the adjudicator will specifically handle the preservation matters. Litigation costs are usually paid by the plaintiff (applicant) in advance, but the judgment is borne by the losing party, and if the losing party is the defendant, the advance can usually only be recovered by applying for enforcement.
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Legal analysis: The preservation fee refers to: the court preservation fee is the fee charged by the court when the property preservation is applied, and the money collected belongs to the ** finance department and is not refundable.
The preservation fee refers to: the court preservation fee is the fee charged by the court when the property preservation is applied for, and the money collected belongs to the ** finance and is not refundable. The people's court shall, before the interested party initiates a lawsuit or after the party initiates a lawsuit, employ compulsory measures restricting the disposition of the parties' property or the subject matter of the dispute in order to ensure that the effective judgment can be enforced in the future or to avoid property losses.
Legal basis: Article 5 of the Measures for Litigation Fees of the People's Courts: Case acceptance fees.
1) In divorce cases, 10 to 50 yuan shall be paid for each case. Where the division of property is involved, and the total amount of property does not exceed 10,000 yuan, no additional fee shall be charged; if it exceeds 10,000 yuan, the excess part shall be paid at 1 percent;
2) In cases of infringement of the right to a name, a name, a portrait, reputation, or honor is to be paid between 50 and 100 RMB for each case;
3) For other non-property cases, pay between 1 and 50 yuan per case;
4) In the case of property, according to the price or amount of the dispute, the mu shall be paid in accordance with the following proportions:
1. If it is less than 1,000 yuan, 50 yuan shall be paid for each piece;
2. The part exceeding 1,000 yuan to 50,000 yuan shall be paid at 4%;
3. The part exceeding 50,000 yuan to 100,000 yuan shall be paid at 3%;
4. The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;
5. The part exceeding 200,000 yuan to 500,000 yuan shall be paid at the rate of 1.5 percent;
6. The part exceeding 500,000 yuan to 1,000,000 yuan shall be paid at 1%;
7. The part exceeding 1 million yuan shall be paid at 0.5%.
5) In cases of infringement of patent rights, copyrights, and trademark rights, 50 to 100 yuan shall be paid for each case; If there is a disputed amount, it shall be paid according to the fee standard of the property case.
6) Administrative cases shall be paid according to the following standards:
1. For public security administrative cases, 5 yuan to 30 yuan per case;
2. For patent administrative cases, 50 yuan to 400 yuan shall be paid for each case;
3. For other administrative cases, 30 yuan to 100 yuan shall be paid for each case. If there is a disputed amount, it shall be paid according to the fee standard for property cases.
7) In cases of labor disputes, 30 to 50 yuan shall be paid for each case.
8) In bankruptcy cases, the total value of the property of the bankrupt enterprise shall be paid in accordance with the standard of fees for property cases.
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The court preservation fee is the fee charged by the court when the property preservation is applied, and the money collected belongs to the ** finance department and is not refundable. Pay according to the following standards: 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 party applying for preservation measures shall not exceed 5,000 yuan.
Paragraph 2 of Article 14 of the Measures for Charging Fees for Litigation in the People's Courts.
Where preservation measures are applied, 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 paid by the party concerned for applying for preservation measures shall not exceed 5,000 yuan.
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