What happens to the debtor's transfer of property during the litigation?
How to deal with the debtor's transfer of property and not repay, and how to recover the debt from the creditor?
What is the evidence that proves the debtor's transfer of propertyWhat is the evidence that proves the debtor's transfer of property?
What is the evidence that proves that the debtor transferred the property?
Can I apply for property preservation in the event of an economic dispute?
What are the legal risks of creditors applying for property preservation?
What are the legal risks faced by creditors when applying for property preservation? What are the standards for property preservation guarantee fees, what are the property preservation guarantee fees, what are the types of property preservation measures, and what are the types of property preservation measures?
In real life, debt disputes are difficult to resolve through negotiation, and most people will choose to litigate, but in practice, many debtors transfer their property in order to avoid debts, so what should the debtor do when the debtor transfers the property during the litigation?
1. What should I do if the debtor transfers property during the litigation?
If the debtor transfers property during the litigation period, it is deemed to have maliciously evaded the debt, and the creditor may apply to the court for preservation of the debtor's property, and the debtor cannot dispose of the property after the property is preserved.
According to the provisions of the Civil Procedure Law of the People's Republic of China, the people's court may, upon the application of the other party, rule to preserve the property of the other party, order the party to perform certain acts, or prohibit the party from performing certain acts in cases where it is difficult to enforce the judgment or cause other damage to the party due to the conduct 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.
2. How to apply for property preservation?
1. The interested party may apply to the people's court with the place where the property to be preserved, the domicile of the respondent or the people's court with jurisdiction over the case is located before initiating a lawsuit or applying for arbitration;
2. The applicant shall provide a guarantee;
3. Where the people's court makes a ruling within 48 hours and rules to take preservation measures, enforcement shall begin immediately;
4. The applicant shall file a lawsuit or apply for arbitration within 30 days after the people's court takes the preservation measures.
The following conditions are required to apply for property preservation:
1. The situation must be urgent, and failure to take property preservation will cause irreparable damage to the applicant's legitimate property rights and interests.
2. The interested party must submit an application to the people's court where the property is located, and the court shall take the initiative to take property preservation measures without its authority.
3. The applicant must provide a guarantee, otherwise the court will reject the application.
4. The case must have payment content, which is a lawsuit for payment.
5. It must be the conduct of one of the parties that may make it difficult to enforce the judgment.
6. The application must be made in the course of the litigation. When necessary, the court may also rule ex officio to adopt measures to preserve litigation assets.
7. The applicant provides a guarantee. This is not the case if the court does not order the provision of security.
Article 103 of the Civil Procedure Law of the People's Republic of China provides that in cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the other party, rule to preserve the property of the other party, order it to perform certain acts, or prohibit it from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.
The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.
After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.
The above is "What should the debtor do when the property is transferred during the litigation?" The so-called property preservation in litigation refers to the compulsory measures taken by the people's court to restrict the disposition of the parties' property or the subject matter of the dispute after accepting the case but before making a judgment.