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What clues are provided by property preservation

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Source: Legal Chart Compilation · 2024.06.30 · 1509 people have seen it
Guide: When applying for property preservation, specific clues such as bank account number, valuable securities, real estate address and owner's name should be provided. When the rights and interests of the respondent may be irretrievably damaged, the interested party may file a request for property preservation with the judicial authority in accordance with legal provisions.
 What clues are provided by property preservation

I Property preservation What clues are provided

When applying for property preservation, the applicant should submit relevant clues, such as specific bank account number, valuable securities, clear real estate address and the name of the owner.

According to the current law, if the respondent does not take property preservation measures immediately, his or her legitimate rights and interests may suffer irreparable damage, the interested party has the right to submit a property preservation request to the judicial authority.

civil procedure law 》Article 104

If the interested party fails to apply for preservation immediately due to emergency, which will cause irreparable damage to its legitimate rights and interests, it may file litigation Or before the application for arbitration Jurisdiction The people's court of. The applicant shall provide guarantee. If no guarantee is provided, the application shall be rejected.

After accepting the application, the people's court must make a ruling within 48 hours; If the order is made to take preservation measures, the execution shall begin immediately.

If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall cancel the preservation.

2、 Property preservation application lawyer how much

(1) For cases not involving any property rights and interests, we will handle them according to the standard of 3000 yuan per case;

However, any increase or decrease on this basis will not be accepted;

(2) If the case involves disputes over property rights and interests, we will adopt the progressive charging method within the established charging proportion according to the proportion of the amount of the subject matter in dispute:

For cases involving property, the charging standard is:

The starting price is 500 yuan - the maximum price is 1500 yuan/case;

If the scope of the subject matter in dispute ranges from RMB10000 to RMB100000 (including RMB10000 and RMB100000), we will charge 2% - 5% of the fee as the service fee;

Similarly, if the subject matter of the dispute ranges from RMB 100000 to RMB 500000 (including the above scope), we will charge 1.7% - 3.5%;

If the subject matter of the dispute ranges from RMB 500000 to RMB 1000000 (the same reason), we will charge 1.4% - 2.8%;

If the scope of the disputed bid is between 1 million yuan and 5 million yuan (the same reason), we will charge 0.7% - 1.5%;

As for the case where the amount of the subject matter in dispute exceeds 5 million yuan, the maximum fee we can charge will be controlled within 0.4%, and the specific amount needs to be determined by both parties after negotiation;

If the case involves disputes over both property rights and non property rights, we will charge them at a relatively high rate.

Lawyer service charge Management Measures

Law firms provide legal services according to law at a government guided price.

Law is a universal constraint, which not only protects our rights and interests, but also regulates our behavior. Each of us should fully understand and understand the law in order to better protect our rights and better live in this society ruled by law. As the title of this article puts forward, "What are the clues provided by property preservation?" The study and understanding of law is a long-term task, which needs our constant efforts and exploration. We should cherish this process and regard it as an opportunity for self-improvement so as to better adapt to social development and change.

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