Litigation preservation refers to the compulsory measures taken by the people's court against the object of litigation or the property related to the case before the judgment of the case may be impossible or difficult to execute due to the behavior of one party or other reasons. Before deciding to adopt litigation preservation measures, the people's court may order the applicant to provide a guarantee, and if it refuses to provide a guarantee, it shall reject the application for litigation preservation. In case of emergency, the people's court may make a ruling within 48 hours and immediately take litigation preservation measures. If a party refuses to accept the ruling on litigation preservation, it may apply for reconsideration. During the period of reconsideration, the execution of the award shall not be stopped,
When the parties apply for litigation preservation, they usually submit the application in writing. However, under special circumstances, if it is really difficult to write, the parties concerned may make an oral proposal, and the people's court shall record it and attach a volume, which shall be signed and sealed by the applicant.
Property preservation measures include seizure, seizure, freezing, revocation and seizure. What measures the parties require the court to take must be clearly stated in the application, which must be affirmative, specific and not vague. Otherwise, the court may not accept it.
The application time for pre-litigation preservation is before the prosecution, and the lawsuit has not yet started; The time to apply for litigation preservation is before the people's court makes a judgment after the start of the litigation procedure, and the application for litigation preservation cannot be made after the execution begins.
The preservation time before execution is after the legal document takes effect and before entering the execution procedure. If the creditor fails to apply for preservation due to the other party's transfer of property and other emergencies, which may cause the effective legal documents to be unenforceable or difficult to enforce, it may apply to the enforcement court for preservation measures. If the creditor fails to apply for enforcement within 5 days after the expiration of the performance period stipulated in the legal document, the court shall lift the preservation.
How much deposit should I pay for the litigation property preservation guarantee?
1. The pre-litigation property preservation guarantee shall be charged at 1% of the guarantee amount; if it is less than 1000 yuan, it shall be charged at 1000 yuan.
2. The litigation property preservation guarantee shall be charged according to the guarantee amount; if it is less than 1000 yuan, it shall be charged according to 1000 yuan.
3. The execution property preservation guarantee shall be charged at 65,438+0% of the guarantee amount, and if it is less than 65,438+0,000 yuan, it shall be charged at 65,438+0,000 yuan (the execution property guarantee fee shall not be charged for the same subject property guarantee before or during litigation).
Step 4 guarantee concessions
For litigation preservation applied by vulnerable groups, with the approval of the people's court (mainly judicial assistance cases and individual compensation cases), the guarantee company provides free guarantee for the applicant; Other civil and commercial cases in which the parties do have financial difficulties may be given a 20-40% discount after examination by the people's court.
To sum up, is Bian Xiao a lawyer for property preservation? I hope I can help you with the relevant answer.
Legal basis:
Article 101 of the Civil Procedure Law of People's Republic of China (PRC) * * * If an interested party fails to apply for preservation immediately due to an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the place where the preserved property is located, the domicile of the respondent or the people's court with jurisdiction for preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide a guarantee. If no guarantee is provided, the application will be rejected. After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately. If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall lift the preservation.