Application for pre-litigation property preservation procedure
1, apply for pre-litigation property preservation
The interested party shall apply to the court of appeal before the prosecution.
If the people's court accepts the application and makes a preservation ruling, if the applicant does not bring a lawsuit within 30 days, the preservation ruling will be lifted. Litigation property preservation can be applied at the same time as prosecution or after prosecution.
2. The applicant provided a clear clue.
Providing property clues is different from execution. The people's court will not search the debtor's property for the parties in the property preservation stage, and the applicant must provide clear property clues himself.
The following types of property clues belong to clear property clues:
1. Bank account: there is a clear bank, account name and account number;
2. Real estate: there is a clear address and the name of the right holder, and it is best to have a copy of the relevant rights certificate;
3. Securities: registered bonds or securities account numbers with known bond types;
4. Vehicle: clear the license plate number and the owner's name;
5. Equity: a clear company name and the share of equity owned by the debtor;
6. Other property rights: relevant rights certification materials are required.
If the applicant does not grasp the property clues or has insufficient understanding, he can try to offer a reward. However, at present, the official reward represented by the Xihu District People's Court in Hangzhou and the folk reward represented by Dandelion Cooperation Network do not support the reward in the litigation stage. Applicants can try to publish a newspaper by themselves and offer rewards.
Three, the guarantee people's court may order the applicant to provide a guarantee, the applicant fails to provide a guarantee, the request is rejected.
Four, ruling that the parties apply for pre-litigation preservation, the people's court shall make a ruling within 48 hours after accepting the application. Once the award is made, it will take legal effect. If a party refuses to accept the decision, it may apply for reconsideration once, and the execution of the award will not be suspended during the reconsideration period.
Five, the termination of the property preservation ruling lasts until the effective legal documents are executed. If the preservation measures need to be lifted in the course of litigation, the court shall make a timely ruling to lift the ruling on property preservation. The reasons and conditions for property preservation have changed, and it is unnecessary to preserve it; The respondent provides the corresponding guarantee; The applicant for pre-litigation preservation did not file a lawsuit within 30 days.
It should be noted, however, that according to the Provisions of the Supreme People's Court on the Seizure, Seizure and Freezing of Property in Civil Execution by People's Courts, the period for freezing bank deposits and other funds shall not exceed six months, the period for seizing movable property shall not exceed one year, and the period for seizing immovable property and freezing other property rights shall not exceed two years. After the expiration of the sealing period, the relevant application executor can continue to seal up the property after applying for renewal according to law, otherwise it will be automatically lifted.
The intransitive verb compensates the parties for their mistakes in applying for property preservation, and if the respondent suffers losses due to property preservation, the applicant shall be liable for compensation.