1. Apply directly to the court and apply to the court for property preservation before prosecution;
2, litigation property preservation, apply to the court or decided by the court;
3, the applicant provides a guarantee, the parties need to provide a guarantee to the court;
4. Apply for reconsideration. If a party refuses to accept the property preservation, it may apply for reconsideration once;
5. If the application for property preservation is wrong, the applicant shall compensate the respondent for the losses.
Property preservation shall be based on the actual amount of property preserved, and the expenses shall be paid according to the following standards:
1, if the property amount does not exceed 1000 yuan or does not involve the property amount, each piece shall be paid to 30 yuan;
2, more than 1000 yuan to 65438+ 1000 million yuan, according to 1% payment;
3, more than 654.38+ ten thousand yuan, pay by 0.5%. However, the maximum expenses paid by the parties to apply for protective measures shall not exceed 5,000 yuan.
The applicable conditions of pre-litigation property preservation are:
1. The application for pre-litigation property preservation must have the content of payment, that is, the applicant's future litigation request has the content of property payment;
2. The situation is urgent, and failure to take corresponding preservation measures immediately may cause irreparable losses to the legitimate rights and interests of the applicant;
3. The interested party applies for pre-litigation property preservation;
4. The applicant for property preservation before litigation must provide guarantee.
To sum up, the people's court takes temporary compulsory measures against the disputed property before the interested parties file a lawsuit or after the parties file a lawsuit, in order to ensure that the judgment that will take effect in the future can be executed or avoid property losses. Property preservation is divided into pre-litigation property preservation and litigation property preservation.
Legal basis:
Article 100 of the Civil Procedure Law of People's Republic of China (PRC)
If the judgment may be difficult to execute or cause other damage to one party due to one party's behavior or other reasons, the people's court may, upon the application of the other party, order the property to be preserved, order it to do certain acts or prohibit it from doing certain acts; If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary.
When the people's court takes preservation measures, it may order the applicant to provide a guarantee. If the applicant is unable to provide a guarantee, the application shall be rejected.
After accepting the application, the people's court must make a ruling within 48 hours in case of emergency; Those ordered to take protective measures shall be executed immediately.