Application for pre-litigation property preservation, by the interested party to the court before the prosecution of the application.
The people's court accepts the application and ruling of preservation, the applicant does not sue within 30 days will be released from the ruling of preservation. Litigation property preservation can be applied for at the same time as the lawsuit can also be applied for after the lawsuit.
The applicant provides clear clues.
Provide property clues and the implementation of different, the people's court will not be in the property preservation stage for the parties to find the debtor's property, the applicant must provide a clear property clues.
The following categories of property clues are clear property clues:
1, bank accounts: a clear bank account, account name, account number;
2, real estate: a clear address and the name of the rights holder, it is best to have a copy of the relevant rights certificate;
3, securities: know the bond variety of registered bonds, or securities account;
4, vehicles: a clear license plate number and the name of the owner;
5, equity: a clear company name and the share of equity owned by the debtor;
6, other property rights: the need to have the relevant right to prove information.
Applicants who do not have property clues or do not have enough can try the reward method. However, at present, the official reward represented by Hangzhou Xihu District People's Court Executive Reward Reporting Network and the civil reward represented by Dandelion Collaboration Network do not support the reward at the litigation stage. The applicant can try to publish the newspaper and other means of reward on his own.
three, guarantee the people's court may order the applicant to provide security, the applicant does not provide security, the request for dismissal.
Four, the ruling party to apply for pre-litigation preservation, the people's court shall accept the application within 48 hours, make a ruling, the ruling once made that will have legal effect, the party may not appeal, may apply for reconsideration once, the reconsideration period does not stop the implementation of the ruling.
Fifth, the lifting of the property preservation ruling to the effective legal implementation of the effective legal instruments, if the litigation process needs to be lifted, the court shall make a timely decision to lift the preservation of the ruling, such as property preservation of the reasons for changes in the conditions, do not need to be preserved; the respondent to provide the appropriate security; pre-litigation preservation of applicants did not file a lawsuit within 30 days, and so on.
Sixth, compensation if the parties apply for property preservation error, the respondent suffered losses due to property preservation, the applicant shall bear the responsibility for compensation.
Extended information:
Application for property preservation needs to be submitted. p>Application for property preservation need to submit an application and security materials, security materials generally include a guarantee and property certificates, such as real estate certificates, bank passbooks, vehicle licenses, etc., and the value of the secured property should not be less than the amount of the application for preservation, the secured property can be the applicant's, or a third party.
Types of property preservation:
China's civil procedure law provides for the preservation of property can be divided into pre-litigation property preservation and litigation property preservation.
1, pre-litigation property preservation, refers to the people's court before accepting the lawsuit according to the application of the interested party, on the property in question or the subject matter of the dispute to take compulsory measures to protect the litigation security activities. Its application should meet certain conditions.
That is, the property involved in the disputed legal relationship between the interested party and others is in a state of emergency, not immediately take property preservation measures will be likely to make the legitimate rights and interests of the interested party to suffer irreparable real danger. The procedural conditions are that the interested party files an application with the people's court where the property is located and provides security, failing which the people's court will reject the application.
2, the property preservation, refers to the litigation process, in order to ensure that the people's court's decision can be successfully implemented, to ensure that the decision to be made in the future can be effectively enforced, according to the application of the parties, or when necessary, ex officio decision on the property concerned to take measures to protect the litigation safeguard activities.
Its application should also meet certain conditions, that is, the existence of a variety of subjective and objective factors may make it difficult or impossible to realize the decision made by the people's court. Its procedural conditions are that the parties to the people's court under litigation, or by the people's court ex officio decision to carry out property preservation, the people's court accepts the application, may order the applicant to provide security.
3, the difference between pre-suit property preservation and property preservation. First, the subject of different. Pre-litigation property preservation, only by the interested party to the people's court application. Interested parties, including not only the civil rights and obligations of the parties to the dispute, including civil rights have the responsibility to protect.
Property preservation in litigation:
One is applied for by the parties, one is taken by the people's court ex officio. The application of the parties, generally by the plaintiff party to the people's court, but can not be excluded from the defendant party to file an application for property preservation. In the absence of an application, the people's court may also rule on property preservation measures when necessary. Pre-litigation property preservation is not the people's court initiative to take property preservation measures.
Second, the cause of the different. Pre-litigation property preservation occurs because of the urgency of the situation, the interested party is too late to prosecute, not immediately apply for property preservation will make its legitimate rights and interests by irreparable damage. Property preservation in litigation, on the other hand, is due to a party's behavior or other reasons, it is possible to make the judgment can not be enforced or difficult to enforce the situation.
Third, the provision of security is different. Pre-litigation property preservation, article 93 (1) of the civil procedure law, the applicant "shall" provide security. Property preservation in litigation, the Civil Procedure Law, Article 92, paragraph 2, "may" order the applicant to provide security.
Fourth, the ruling time is different. Pre-litigation property preservation, the people's court must accept the application within 48 hours to make a ruling. Property preservation in litigation, the people's court accepts the application, the urgent situation, must make a ruling within 48 hours, the situation is not urgent, it can be appropriate to extend the time to make a ruling.
Fifth, the release of preservation measures are different. Pre-litigation property preservation, the applicant in the people's court to take preservation measures within 15 days after the people's court does not sue, the people's court shall lift the property preservation. The release of property preservation in litigation, the respondent to the people's court to provide security as a condition, that is, the respondent to provide security, the people's court shall release the property preservation.
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