Is pre-litigation preservation a collection or a routine?

Pre-litigation preservation is not a collection routine, but a legal procedure aimed at protecting the legitimate rights and interests of the parties. In debt disputes and other cases, when creditors are worried that the debtor will transfer or hide the property in the course of litigation, which will make it difficult to execute the judgment in the future, they can apply to the court for pre-litigation preservation and request the court to seal up and freeze the debtor's property to ensure the smooth execution of the judgment.

I. Definition and purpose of pre-litigation preservation

Pre-litigation preservation refers to the creditor's application to the court to take preservation measures against the debtor's property before bringing a lawsuit, so as to prevent the debtor from transferring or hiding the property and ensure the execution of future judgments. The main purpose of this system is to protect the legitimate rights and interests of creditors and maintain economic order and social stability.

Second, the applicable conditions of pre-litigation preservation

Applying for pre-litigation preservation needs to meet certain conditions, including: there is a clear creditor-debtor relationship between creditors and debtors; The debtor transfers or conceals property, which may make it difficult to execute the judgment; The applicant provides guarantee, etc. These conditions are aimed at ensuring the legality and rationality of pre-litigation preservation and preventing the abuse of preservation measures.

Third, the difference between pre-litigation preservation and collection procedures.

Most collection routines use improper means, such as threats, intimidation and harassment. Put pressure on the debtor to achieve the purpose of collection. Pre-litigation preservation is a legal procedure. Through the intervention of the court, the debtor's property is sealed up and frozen to ensure the smooth execution of the judgment. There are obvious differences between them in nature, means and purpose.

Four. Matters needing attention in pre-litigation preservation

When applying for pre-litigation preservation, creditors should pay attention to the following points: first, ensure the authenticity and integrity of the application materials, and avoid false statements or omission of important information; Second, reasonably evaluate the debtor's property status to ensure the pertinence and effectiveness of preservation measures; The third is to abide by legal procedures and not use illegal means to collect money.

To sum up:

Preservation before litigation is not a collection routine, but a legal procedure aimed at protecting the legitimate rights and interests of creditors. In debt disputes and other cases, creditors may apply to the court for pre-litigation preservation when they are worried about the debtor's transfer or concealment of property. However, in the application process, creditors need to abide by legal procedures, ensure the authenticity and integrity of the application materials, and reasonably evaluate the debtor's property status. At the same time, it is necessary to clearly distinguish between pre-litigation preservation and collection routines to avoid confusion.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 10 1 stipulates:

If an interested party fails to apply for preservation immediately due to an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court where the preserved property is located, where the respondent has his domicile or has jurisdiction to take preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide a guarantee. If no guarantee is provided, the application will be rejected.

People's Republic of China (PRC) Civil Procedure Law

Article 103 stipulates:

Property preservation shall be sealed up, detained, frozen or other methods prescribed by law. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved.