1 thought on “How to do specific processes of property preservation”
Leah
1. Application: Property preservation of property, shall apply to the court's court before the prosecution. If the people's court accepts the application and ruled preservation, the applicant will not prosecute within 30 days to lift the ruler preservation. Litigation property preservation can be applied at the same time or applied at the same time after the prosecution. 2. Provide property clues: Unlike the implementation, the people's court will not find the property of the debtor for the parties in the property preservation stage, and the applicant must provide a clear property clue by themselves. The property clues of the following categories are clear property clues: (1) Bank account: there are clear account opening banks, household names, account numbers; (2) Real estate: there are clear addresses and address and address and address and real estate: there are clear addresses and addresses and address and address and real estate The name of the right holder, it is best to have a copy of the relevant rights voucher; (3) Valuable securities: Know the names of the bond varieties, or the securities account; The owner's name; (5) Equity: the equity share of the clear company name and the debtor; (6) Other property rights: need relevant rights proof information. Those who do not master property clues or have not enough to grasp enough, you can try the reward method. However, the official reward represented by the Hangzhou West Lake District People's Court's implementation reward report network, and the folk reward represented by the dandelion collaboration network, none of them did not support the reward during the lawsuit. Applicants can try to make a reward by themselves. 3. Guarantee: The people's court may order the applicant to provide a guarantee. If the applicant does not provide a guarantee, the request to dismiss. 4. The ruling, once the ruling was made, the parties were not allowed to appeal, and they could apply for reconsideration once. 5. Lift: The effectiveness of property preservation ruling until the implementation of the effective legal documents, if the preservation measures need to be terminated during the lawsuit, the court shall make a timely decision to terminate the security ruling. Those who need to be preserved; the respondent provides the corresponding guarantee; the applicant who predered before the lawsuit did not file a lawsuit within 30 days. But it should be noted that according to the "Regulations on the Seal, Seal, and Frozen Property in the Civil Executive of the Supreme People's Court", the deadline for freezing bank deposits and other funds must not exceed six months. The deadline must not exceed one year, and the period for seizure of real estate and freezing other property rights must not exceed two years. After the expiration of the session of the session, the renewal of the property must be submitted by the relevant application executive in accordance with the law in order to continue the preservation, otherwise it will be automatically lifted. 6. Compensation: If the parties have an error in the property preservation of the property and the respondent suffers losses due to the preservation of the property, the applicant shall bear the liability for compensation. Legal basis: Article 101 of the Civil Procedure Law: If the stakeholder is urgent, and failing to apply for preservation immediately, it will cause the legitimate rights and interests to be damaged. The people's court where the preservation property is located, the residence of the respondent, or the people's court with jurisdictions of the case is applied for preservation measures. If the applicant shall provide a guarantee and does not provide a guarantee, the application shall be rejected. In the people's court must make a ruling within 48 hours; if the ruling takes preservation measures, it shall be implemented immediately. If the applicant shall submit a lawsuit or apply for arbitration within 30 days after the people's court takes the preservation measures, the people's court shall terminate the preservation.
1. Application: Property preservation of property, shall apply to the court's court before the prosecution. If the people's court accepts the application and ruled preservation, the applicant will not prosecute within 30 days to lift the ruler preservation. Litigation property preservation can be applied at the same time or applied at the same time after the prosecution.
2. Provide property clues: Unlike the implementation, the people's court will not find the property of the debtor for the parties in the property preservation stage, and the applicant must provide a clear property clue by themselves.
The property clues of the following categories are clear property clues:
(1) Bank account: there are clear account opening banks, household names, account numbers;
(2) Real estate: there are clear addresses and address and address and address and real estate: there are clear addresses and addresses and address and address and real estate The name of the right holder, it is best to have a copy of the relevant rights voucher;
(3) Valuable securities: Know the names of the bond varieties, or the securities account; The owner's name;
(5) Equity: the equity share of the clear company name and the debtor;
(6) Other property rights: need relevant rights proof information.
Those who do not master property clues or have not enough to grasp enough, you can try the reward method. However, the official reward represented by the Hangzhou West Lake District People's Court's implementation reward report network, and the folk reward represented by the dandelion collaboration network, none of them did not support the reward during the lawsuit. Applicants can try to make a reward by themselves.
3. Guarantee: The people's court may order the applicant to provide a guarantee. If the applicant does not provide a guarantee, the request to dismiss.
4. The ruling, once the ruling was made, the parties were not allowed to appeal, and they could apply for reconsideration once.
5. Lift: The effectiveness of property preservation ruling until the implementation of the effective legal documents, if the preservation measures need to be terminated during the lawsuit, the court shall make a timely decision to terminate the security ruling. Those who need to be preserved; the respondent provides the corresponding guarantee; the applicant who predered before the lawsuit did not file a lawsuit within 30 days.
But it should be noted that according to the "Regulations on the Seal, Seal, and Frozen Property in the Civil Executive of the Supreme People's Court", the deadline for freezing bank deposits and other funds must not exceed six months. The deadline must not exceed one year, and the period for seizure of real estate and freezing other property rights must not exceed two years. After the expiration of the session of the session, the renewal of the property must be submitted by the relevant application executive in accordance with the law in order to continue the preservation, otherwise it will be automatically lifted.
6. Compensation: If the parties have an error in the property preservation of the property and the respondent suffers losses due to the preservation of the property, the applicant shall bear the liability for compensation.
Legal basis: Article 101 of the Civil Procedure Law: If the stakeholder is urgent, and failing to apply for preservation immediately, it will cause the legitimate rights and interests to be damaged. The people's court where the preservation property is located, the residence of the respondent, or the people's court with jurisdictions of the case is applied for preservation measures. If the applicant shall provide a guarantee and does not provide a guarantee, the application shall be rejected.
In the people's court must make a ruling within 48 hours; if the ruling takes preservation measures, it shall be implemented immediately.
If the applicant shall submit a lawsuit or apply for arbitration within 30 days after the people's court takes the preservation measures, the people's court shall terminate the preservation.