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What should I do if my property is preserved

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What should I do if my property is preserved


        

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  • 2024-06-14 13:01:48

    What should I do if my property is preserved? If you find that your property has been preserved by the court, you should first make clear whether the preservation is pre litigation preservation or litigation preservation. If it is pre litigation preservation, it may become a party to the case, namely the defendant (the preserved respondent). According to the law, if the respondent provides security, the people's court should cancel the property preservation. According to the provisions of the Civil Procedure Law, if an interested party does not apply for preservation immediately due to emergency, which will cause irreparable damage to its legitimate rights and interests, it may apply to the people's court where the property to be preserved is located, where the respondent is domiciled or has jurisdiction over the case to take preservation measures before filing a lawsuit or applying for arbitration. 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.
    It should be noted that preservation is limited to the scope of the request or property related to the case. Property preservation shall be carried out by sealing up, distraining, freezing 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. If the property has been sealed up or frozen, it shall not be sealed up or frozen again. For property dispute cases, if the respondent provides security, the people's court shall rule to cancel the preservation. If there is an error in the application, the applicant shall compensate the respondent for the losses suffered as a result of the preservation. The people's court may, on the application of the party concerned, order advance execution in the following cases: (1) claims for alimony, support, upbringing, pension and medical expenses; (2) Recourse for labor remuneration; (3) Urgent circumstances necessitate advance execution.

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