In our daily life, we will inevitably encounter property disputes, and when we take up the law to protect our rights and interests, we often win the lawsuit but do not get the money. In order to prevent the debtor from trying to transfer or conceal the property and deliberately repay the debt, we can apply to the court for property preservation and take compulsory measures to restrict the disposal of the debtor's property or the subject matter of the dispute, so as to ensure smooth enforcement in the future.
OneWhat is property preservation?
Property preservation refers to the people's court's ruling to seal, freeze, seize and other protective measures against the property or disputed property on the basis of the application of the other party in cases that may make it difficult to enforce an effective judgment or cause other damage to the parties due to the conduct of one of the parties or other reasons.
IIWhen can I apply for property preservation?
Applications for property preservation may be made before litigation or during litigation.
Pre-litigation property preservation: It is to apply to the court for property preservation before the case is filed. In practice, it is quite difficult to apply for a pre-litigation application, and it is necessary to provide evidence to the court, and there is sufficient and necessary evidence or reason to believe that the respondent has transferred or concealed property, or that its business conditions have deteriorated, and it has lost its ability to repay debts, which may make it difficult for the court judgment or arbitral award to be successfully enforced or cause other damages.
The application in litigation is to apply to the judge for property preservation after the case is filed and the judge is assigned.
IIIWhat kind of property can be preserved by property preservation?
An application may be made to the court to seal or freeze the defendant's bank account, Alipay account, WeChat account, ** account, vehicles, machinery and equipment, production raw materials, real estate and other tangible property, as well as property rights such as equity, trademark rights, patent rights, and due creditor's rights.
FourthWhat materials do I need to provide for property preservation?
The application for property preservation shall state the identity information of the applicant and the respondent, the amount of the application for property preservation, and the reason for the application for preservation.
Clear clues for property preservation. They can provide it themselves, and if they have clues, they can apply to the court for an investigation order to conduct an investigation.
Submission requiredGuarantee Materials. Property preservation can generally be secured by cash, real estate or bank policies. The guarantee amount of the cash guarantee is 30% of the preservation amount. In the case of immovable property security, it is necessary to provide real estate that corresponds to the amount of preservation and is registered without judicial restrictions or restrictions on the creation of other rights. You can also choose a policy guarantee provided by a qualified credit insurance company or financial guarantee agency to guarantee it. In practice, it should be noted that the requirements of the courts in different regions are slightly different, and it is best to communicate with the judge to confirm when preserving property.
FiveWhat is the period of property preservation?
The specific deadlines are as follows:
1.Bank deposits are frozen for a period of one year;
2.Movable property, the period of sealing and seizure is two years;
3.The period for sealing and freezing real estate and other property rights is three years.
If it is necessary to extend the insurance period before the expiration of the preservation period, please submit a written application for renewal to the judge presiding over the case 30 days before the expiration of the time limit. If the case has been applied for enforcement, the application for renewal should be submitted directly to the enforcement judge. If the applicant fails to apply for renewal, resulting in the natural lapse of the preservation and the transfer of property, the applicant shall bear the risk.
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