Materials required for applying for pre litigation property preservation: 1. An application for pre litigation property preservation; 2. The certification materials of the subject qualification of the parties; 3. Original copies of the guarantee for property preservation before litigation and the certificate of title to the property guaranteed; 4. Specific clues to apply for property preservation; 5. Evidence of disputes between the parties.
According to Article 101 (1) of the Civil Procedure Law of the People's Republic of China, 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.
Legal basis
Article 101 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
If an interested party's legitimate rights and interests will suffer irreparable damage if it does not immediately apply for preservation due to emergency, it may apply to the people's court at the place where the preserved property is located, the place where the respondent is domiciled, or the people's court having jurisdiction over the case for adopting preservation measures before bringing 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.
