In recent years,Litigation preservationAs it becomes more common in the field of engineering, its role and risks are becoming more apparent. By freezing the debtor's accounts and property,Litigation preservationIt can protect the interests of creditors and reduce debt risks. However, thoughLitigation preservationIt's a handfulDouble-edged sword, but its use also has certain *** and risks. This article will start with a few cases,**Litigation preservationrole and risks, and make recommendations for a cautious approach to "freezing" stunts.
Litigation preservationAs a kind ofLawsmeans play an important role in resolving debt disputes. It can protect the interests of creditors and reduce debt risks by freezing the debtor's accounts and property to prevent the debtor from transferring property and evading debts. In fact,Litigation preservationIt can be seen as a "lore" for creditors, and once used successfully, the debtor is often in a desperate situation and has to actively deal with the debt problem.
However, in useLitigation preservationIn the process, creditors should also pay attention to grasp the balance to avoid falling into another predicament.
AlthoughLitigation preservationIt has obvious roles and values, but its use is not without risks and *** Here are some common risks and ***
(1) Bringing litigation burden and increasing economic losses
in useLitigation preservationIn the process, the two sides often fall into a tug-of-war between each other, and achieve their own goals by suing each other. Doing so will not only increase the burden of litigation on both sides and waste political, legal and litigation resources, but will also lead to the loss of both partiesEconomyLoss. At the instigation of the lawyer, the plaintiff may inflate the amount of the insured, resulting in the need to compensate for more than part of the loss after the final judgment. At the same time, the turnover costs during the pre-litigation and bail period will also increase, further increasingEconomyBurden.
(2) Affecting normal operations and work
Litigation preservationNot only will the debtor's property be frozen, but it will also have a serious impact on the debtor's normal business activities and daily work. The debtor's funds are unavailable, and the funds in the account cannot be moved in and out, which not only causes trouble for the debtor, but also brings unnecessary trouble to the creditor. As a result, the two sides tore each other apart, resulting in the inability of both parties to carry out business normally, resulting in certain losses. In addition, debtors may take advantage ofLawsThe loopholes and space increase the burden of litigation and further expandEconomyLoss.
(3) Exacerbating contradictions and affecting social stability
Both sides are inLitigation preservationThe malicious use of means in the process will not only increase manpower and management costs, but also may cause a series of social problems. For example, the timely payment of migrant workers' wages may be affected, bringing instability to social stability. In addition, disputes between the two parties may waste political, legal and litigation resources, resulting in some disputes that could have been resolved through mediation being pushed to the court, increasing the burden of litigation and waste of resources on both sides.
FaceLitigation preservationBoth creditors and debtors should be treated with caution. In the process of litigation, both parties should fully balance the gains and losses of interests and think twice. Specifically, the following aspects can be considered and decided:
(1) Comprehensively assess the actual circumstances of the case
In deciding whether to use or notLitigation preservationBoth parties should conduct a comprehensive assessment of the facts of the case. Including the possible outcome of the litigation and the possible occurrence during the litigationEconomyLoss. Litigation preservationand other aspects of conflicts and social problems that may arise. Only by fully understanding and considering these factors can an informed decision be made.
(2) Actively seek pre-litigation mediation or settlement
in useLitigation preservationPreviously, the parties could try to resolve the dispute through pre-litigation mediation or conciliation. In this way, both sides can avoid falling into a tug-of-war between each other, and reduce itEconomylosses, but also can maintain the relationship between the two sides and avoid further aggravating the contradictions.
(3) Use litigation preservation in accordance with laws and regulations
If the parties are unable to resolve the dispute through mediation or conciliation, then useLitigation preservationIt is also an option to consider. But in useLitigation preservation, both parties should proceed in accordance with laws and regulations to avoid abusing means and creating greater disputes. At the same time, both parties should also remain calm and rational, avoid emotional behavior, and try to be minimizedEconomyLosses and social issues.
Litigation preservationAs a means of protecting the interests of creditors, it is widely used in the field of engineering. AlthoughLitigation preservationIt has a role and value, but its use also has certain risks and should be treated with caution by both creditors and debtors, and the interests and losses should be fully balanced. Only on the basis of full evaluation and consideration can we make informed decisions, reduce losses for both parties, and maintain a good relationship. Believe in fair use and treatmentLitigation preservation, the two sides can better negotiate to solve the problem and achieve a win-win situation.