Current location - Trademark Inquiry Complete Network - Overdue credit card - Is there a charge for applying for property preservation before prosecution?
Is there a charge for applying for property preservation before prosecution?
If money is needed for property preservation before litigation, the applicant shall pay a certain proportion of the subject matter of property preservation, with a maximum of 5,000 yuan. If the preservation amount is less than100000 yuan, it will be charged according to the standard of 1%. In addition, to apply for pre-litigation property preservation, a deposit is required, and the court will return the deposit after the preservation measures are completed.

1. Do you need money for pre-litigation property preservation?

When necessary, the charging standards for litigation preservation cases are:

1. If the amount or price of the preserved property is less than 1000 yuan, 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 6,543,800 yuan, paid according to the facts; The maximum expenses paid by the parties to apply for protective measures shall not exceed 5000 yuan. 1% of the amount of property preservation guarantee before the prosecution, if it is less than 1000 yuan, it shall be charged according to 1000 yuan. If calculated according to the property preservation guarantee fee, the part less than 1000 yuan will also be charged according to 1000 yuan. The final cost of property preservation is charged at 1% of the guarantee amount, and the part less than 1000 yuan is also calculated at 1000 yuan.

The guarantee amount cannot exceed 30% of the preservation amount. If the property applied for preservation is in dispute, the amount of guarantee shall not exceed 30% of the value. Where the applicant sues for property preservation, it shall provide a guarantee for the amount of the guarantee. If the circumstances are special, the court should handle it according to the actual situation.

Second, under what circumstances will pre-litigation property preservation be used?

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. In case of emergency, 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. Interested parties, that is, people who have disputes with the respondent or think that their rights have been infringed by the respondent.

4. The applicant for property preservation before litigation must provide guarantee. If the applicant fails to provide a guarantee, the people's court shall reject the application for property preservation filed by the applicant before the prosecution.

3. What materials should I prepare for applying for pre-litigation property preservation?

1, application for property preservation before litigation.

2, the qualification certificate of the parties.

3. The original property preservation guarantee before litigation and the title certificate of the guaranteed property.

4. Specific clues for applying for property preservation.

5. Both parties have disputes.

To sum up, in debt disputes, the parties often apply for preservation before prosecution, so as not to damage their own interests. If you need to pay the property preservation fee before the lawsuit, it depends on the amount you apply for property preservation. If it is less than100000, it will be charged according to the standard of 1%, with a maximum of 5,000 yuan. After the court executes measures against the property, the parties concerned shall bring a lawsuit within one month.