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Anonymous users2024-02-08According to Article 14 of the Measures of the Supreme People's Court for Payment of Litigation Fees, if the applicant applies for preservation measures, the standard for payment of preservation fees is: 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 case; 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. Housing preservation means that the people's court may, upon the application of the other party, rule to preserve the house, order the person to perform certain acts or prohibit the person from doing certain acts (such as prohibiting ** or mortgage) in cases where it may be difficult to enforce the judgment or cause other damages to the parties due to the behavior of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary. Legal basis:
Article 14 of the Measures for Payment of Litigation 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 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 case; 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.
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Anonymous users2024-02-07It is best to consult a lawyer in person.
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Anonymous users2024-02-06Legal analysis: the standard for the guarantee fee for the preservation of the property of the financial excavator and the loss: 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, it is not more than 5,000 yuan at most.
Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Courts" Article 5: 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 award does 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. Where an interested party applies for pre-litigation property preservation, it shall provide a guarantee that is significantly less than the amount requested; Where there are special circumstances, the people's courts may handle it at their discretion.
Property preservation refers to the legal measures taken by the people's court to seize and detain the debtor's property according to the application of the parties to prevent the disposition, transfer and loss of the property from becoming unenforceable.
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. >>>More
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. >>>More
If a party applies to the court for property preservation, the person subject to enforcement (i.e., the respondent) will not receive the notice in advance. >>>More
In accordance with the law, an application for property preservation may be made. >>>More