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Anonymous users2024-02-101. Application. For pre-litigation property preservation, the interested party shall apply to the court to which the lawsuit is filed before filing a lawsuit. Where the people's court accepts the application and rules for preservation, the ruling for preservation shall be lifted if the applicant does not file a lawsuit within 15 days.
Litigation property preservation may be applied for at the same time as the lawsuit is filed, or it can be applied for after the lawsuit is filed.
2. Warranty. The people's court may order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected.
3. Ruling. Where a party applies for pre-litigation preservation, the people's court must make a ruling within 48 hours of accepting the application, and once the ruling is made, it will take legal effect, and the party may not appeal if it is not satisfied, but may apply for reconsideration once, and the enforcement of the ruling shall not be stopped during the reconsideration period.
4. Lift. If it is necessary to lift the preservation measures in the course of litigation, the court shall promptly make a ruling to lift the preservation ruling, and if the reasons and conditions for property preservation have changed and preservation is not necessary; The respondent provides corresponding guarantees; The applicant for pre-litigation preservation has not filed a lawsuit within 15 days, etc.
5. Indemnification. If the party makes a mistake in applying for property preservation, and the respondent suffers losses as a result of the property preservation, the applicant shall be liable for compensation.
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Anonymous users2024-02-09Legal analysis: The first step in preservation is to write an application for preservation, and if the application is made before litigation, the application will be submitted to the case filing court. After receiving the application, the judge filing the case or the trial judge will issue a preservation ruling within 5 days, and then transfer the ruling to the Executive Directorate, which will begin enforcement within 5 days.
Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court for preservation measures at the place where the property to be preserved, the place where the respondent is domiciled, or the people's court with jurisdiction over the Heduan case before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected.
After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately. Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.
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Anonymous users2024-02-081.To apply for pre-litigation property preservation, the interested party shall apply to the court to which the lawsuit is filed before filing a lawsuit.
2.The applicant provides clear leads.
3.The people's court for guarantee may order the applicant to provide a guarantee, and if the applicant fails to provide a guarantee, it shall request rejection.
4.Where a ruling is made on a party to apply for pre-trial preservation, the people's court must make a ruling within 48 hours of accepting the application, and once the ruling is made, it will take legal effect, and the party may not appeal if it is not satisfied, but may apply for reconsideration once, and the enforcement of the ruling shall not be stopped during the reconsideration period.
5.If it is necessary to lift the preservation measures in the course of litigation, the court shall make a ruling to lift the preservation ruling in a timely manner, and if the reasons and conditions for property preservation have changed, and preservation is not necessary; The respondent provides corresponding guarantees; The applicant for pre-litigation preservation has not filed a lawsuit within 30 days, etc.
6.If the party makes a mistake in applying for property preservation, and the respondent suffers rapid losses due to the property preservation, the applicant shall be liable for compensation.
Legal basis: Article 103 of the Civil Procedure Law of the People's Republic of China: Property preservation is to be done by sealing, seizing, freezing, or other methods prescribed by law. After the people's court preserves property, it shall immediately notify the person whose property is being preserved.
Where assets have already been sealed or frozen, they must not be sealed or frozen repeatedly.
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Anonymous users2024-02-071. To apply for pre-litigation property preservation, the interested party shall apply to the litigation court before filing the lawsuit. Where the people's court accepts the application and rules for preservation, the applicant shall lift the ruling for preservation without initiating a lawsuit within 30 days. Litigation property preservation can be applied for at the same time as the lawsuit is filed, or it can be applied for after the lawsuit is filed.
2. The applicant provides clear clues. Providing property clues is different from enforcement, and the people's court will not search for the debtor's property for the parties at the property preservation stage, and the applicant must provide clear property clues. The following categories of property leads fall under the category of explicit property leads:
1. Bank account: have a clear bank name; ．
3. Valuable**: Registered bonds that know the varieties of Yanyan bonds, or**;
4. Vehicle: clear license plate number and owner's name;
5. Equity: clear company name and equity share owned by the debtor;
However, at present, the official reward represented by the Hangzhou Xihu District People's Court's Enforcement Reward Reporting Network, and the private reward represented by the Dandelion Collaboration Network, do not support the reward at the litigation stage. Applicants can try to make a reward by themselves by publishing a newspaper.
3. The people's court may order the applicant to provide a guarantee, and if the applicant fails to provide a guarantee, it shall request that it be rejected.
4. Where a ruling is made that a party applies for pre-trial preservation, the people's court must make a ruling within 48 hours of accepting the application, and the ruling will take legal effect immediately.
5. If the ruling on property preservation is lifted until the effective legal document is executed, if it is necessary to lift the preservation measures during the litigation, the court shall immediately rule to lift the preservation ruling. For example, if the reasons and conditions for property preservation have changed, and the respondent who does not need preservation to provide corresponding guarantees for pre-litigation preservation does not file a lawsuit within 30 days, etc. However, it should be noted that according to the Provisions of the Supreme People's Court on the Closure, Closure and Closure of Property in Civil Enforcement by the People's Courts, the period for closing bank deposits and other funds shall not exceed 6 months.
The period of closure of the property shall not exceed 1 year, closing the property. The period for closing other property rights shall not exceed 2 years. After the expiration of the inspection period, the relevant applicant shall submit a continued application for continued inspection of the property in accordance with the law before it can continue to be preserved.
Otherwise, it will be automatically dismissed.
6. CompensationIf the party applies for property preservation in error and the respondent suffers damage due to property preservation, the applicant shall be liable for compensation.
According to Article 100 of the Civil Procedure Law, there is only one condition for a party to apply for property preservation in litigation, that is, the judgment may be unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons.
"Litigation property preservation" refers to a system where, in civil litigation, the people's court adopts temporary compulsory measures against the relevant property disputed by the parties on the basis of the parties' application or the people's court's ex officio decision in order to ensure that future judgments can be realized. Fee standards for litigation preservation cases: 1. If the amount or value of the property to be preserved is less than 1,000 yuan, 30 yuan shall be paid for each case; 2. The part exceeding 1,000 yuan to 100,000 yuan shall be paid at 1%; 3. The part exceeding 100,000 yuan shall be paid; The fee to be paid by the parties applying for preservation measures shall not exceed 5,000 yuan. >>>More
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1: Yes.
2. Due to the urgency of the situation, the interested party may apply to this court for property preservation before filing a lawsuit, and after this court accepts the application for property preservation before litigation, it will make a ruling within 48 hours, and if it rules to take property preservation measures, it shall be immediately enforced. Where a party does not file a lawsuit within 15 days of taking preservation measures, the property preservation is to be lifted. >>>More
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