How long can I apply for property preservation and seizure?

Applicants need to provide litigation preservation guarantee, and the procedures are complete. The applicant submits a written application to the judge, and the judge can seal it up the next day when he is free.

What are the procedures for property preservation?

(a) to 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) 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 equity share owned by the debtor;

6. Other property rights: relevant rights certification materials are required.

If the applicant fails to grasp the property clues or has insufficient understanding, he can try to offer a reward.

(3) The people's court of guaranty may order the applicant to provide guaranty, and if the applicant fails to provide guaranty, his request shall be rejected.

(4) If a party applies for pre-litigation preservation, the people's court shall make a ruling within 48 hours after accepting it. 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.

(5) The ruling on lifting property preservation shall be effective before the effective legal documents are executed. If the preservation measures need to be lifted during the litigation, the court shall make a timely ruling to revoke 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.

(6) If there is an error in applying for property preservation, and the respondent suffers losses due to property preservation, the applicant shall be liable for compensation.

Second, how long is the detention period under execution?

The time limit for the people's court to freeze the bank deposits and other funds of the person subjected to execution shall not exceed six months. If the people's court fails to apply for sealing up after the expiration of the time limit, the freezing shall be lifted. The relevant provisions of the court on seizure, seizure and freezing of property in civil execution are as follows: the time limit for the people's court to freeze the bank deposits and other funds of the person subjected to execution shall not exceed six months, the time limit for seizure and seizure of movable property shall not exceed one year, and the time limit for seizure and freezing of real estate and other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations. If the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of sealing up, distraining and freezing before the expiration of the time limit for sealing up, distraining and freezing, and the extension period shall not exceed half of the time limit specified in the preceding paragraph.

If the time limit for sealing up, distraining and freezing expires and the people's court fails to go through the extension formalities, the effectiveness of sealing up, distraining and freezing shall be extinguished. If the seized, detained or frozen property has been auctioned, sold or paid off, the effectiveness of the seizure, detention and freezing shall be extinguished.

Under any of the following circumstances, the people's court shall make a ruling to lift the seizure, seizure and freezing, and serve it on the application executor, the person subjected to execution or an outsider:

(a) sealing up, distraining and freezing the property of the outsider;

(2) The application executor withdraws the application for execution or waives the creditor's rights;

(3) The property that has been sealed up, detained or frozen cannot be auctioned or sold, and the applicant for enforcement and other enforcement creditors do not agree to accept the settlement;

(4) The debt has been paid off;

(five) the person subjected to execution provides a guarantee and applies for the consent of the person subjected to execution to lift the seal-up, seizure or freezing;

(6) Other circumstances in which the people's court considers that the seizure, seizure and freezing should be lifted. Where the seal-up, seizure or freezing of registration is cancelled, a notice of assistance in execution shall be issued to the registration authority.

Third, how long is the attack period?

Article 29 of the Supreme People's Court's Provisions on the Seizure, Seizure and Freezing of Property in Civil Execution by People's Courts: The time limit for the people's courts to freeze the bank deposits and other funds of the person subjected to execution shall not exceed six months, the time limit for the seizure and seizure of movable property shall not exceed one year, and the time limit for the seizure and freezing of real estate and other property rights shall not exceed two years.

If the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of sealing up, distraining and freezing before the expiration of the time limit for sealing up, distraining and freezing, and the extension period shall not exceed half of the time limit specified in the preceding paragraph.