Apply for property preservation, does the other party know?

In judicial practice, in order to avoid the content of the effective judgment being difficult to execute, the parties may apply to the people's court for property preservation measures. So, does the other party who applied for property preservation know? In order to help you better understand the relevant legal knowledge, I have compiled the relevant contents. Let's have a look.

In judicial practice, in order to avoid the content of the effective judgment being difficult to execute, the parties may apply to the people's court for property preservation measures. So, does the other party who applied for property preservation know? In order to help you better understand the relevant legal knowledge, I have compiled the relevant contents. Let's have a look.

1. Apply for property preservation, does the other party know?

Apply for property preservation. The other party knows.

Second, the process of property preservation procedures

(1) application

For property preservation before litigation, the interested party shall apply to the Court of Appeal before 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

Different from execution, the people's court will not look for 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. Alipay account, WeChat account, UnionPay account and online property;

3. 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;

4. Securities: registered bonds with known bond types or securities account numbers;

5. Vehicle: clear the license plate number and the owner's name;

6. Equity: a clear company name and the equity share owned by the debtor;

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

(3) guarantee

The people's court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected.

(4) ruling

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 not appeal, but it may apply for reconsideration once, and the execution of the award shall not be suspended during the reconsideration period.

(5) dissolution

The ruling on property preservation shall be effective before 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.

(6) compensation

If there is an error in the party's application for property preservation, and the respondent suffers losses due to property preservation, the applicant shall be liable for compensation. 1. When applying for property preservation, the clues of property preservation shall be provided.

Three, property preservation application fee and its burden

(1) According to Article 10 of the Measures for Payment of Litigation Costs, "If a party applies to a people's court for the following matters according to law, it shall pay an application fee: (2) Apply for preservation measures;" Article 14 of the Standards for Payment of Litigation Fees in Chapter III of the Measures stipulates that "the application fee shall be paid according to the following standards: (2) If the application for preservation measures is made, it shall be paid according to the actual amount of property preserved: if the amount of property does not exceed 1000 yuan or does not involve the amount of property, each piece shall be paid to 30 yuan; The part exceeding 1000 yuan to 654.38+10,000 yuan shall be paid according to 1%; More than 654.38+ten thousand yuan. However, the maximum fee paid by the parties to apply for preservation measures shall not exceed 5,000 yuan. "

(2) Paragraph 3 of Article 22 of the Measures stipulates that the application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court.

(3) Paragraph 3 of Article 38 of these Measures stipulates that the application fee specified in Item (2) of Article 10 of these Measures shall be borne by the applicant. If the applicant files a lawsuit, the application fee can be included in the litigation fee. " That is, the applicant can take the application fee for property preservation and the guarantee fee paid to the litigation guarantee company as the litigation request, and ask the respondent or the defendant to bear it when winning the case.

Let me elaborate on the knowledge of the other party's application for property preservation. When a party applies for property preservation measures, the people's court and its relevant departments will notify the other party if the other party knows.