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How to apply for property preservation before judgment if there is no prosecution consequence within one month

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How to apply for property preservation before judgment if there is no prosecution consequence within one month


        

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  • 2024-06-10 06:00:00

    The property preservation before litigation is not prosecuted within 15 days. It needs to be completed as soon as possible, because according to the provisions of our national laws, the court ruled that the property preservation before litigation needs to be prosecuted within 30 days. This is a requirement made in the Civil Procedure Law of our country.

    List of contents of this article:

    1. What should we do if we don't sue within 15 days of property preservation before litigation? 2. What are the provisions on property preservation and non preservation before litigation? 3. What should a property preservation guarantor write

    What should we do if we don't sue within 15 days of property preservation before litigation?

    The court ruled that property preservation before litigation is not necessary to sue within 15 days, but within 30 days.

    Article 101 of the Civil Procedure Law states that if an interested party fails to apply for preservation immediately due to an emergency, it 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.

    When the people's court adopts property preservation measures, the scope of preservation shall be limited to the property in dispute between the parties or the property of the defendant. No property preservation measures shall be taken against the property of an outsider, and generally no property preservation measures shall be taken against the property related to the case acquired in good faith by an outsider. If the respondent provides a corresponding amount and has enforceable property as security, the people's court shall terminate the property preservation in a timely manner.

    What are the provisions on property preservation and non preservation before litigation?

    The provision of pre litigation property preservation and non preservation is to prevent the other party from transferring hidden property and damaging its own legitimate rights and interests.

    Both are property preservation. Pre litigation property preservation and litigation property preservation have much in common, such as the category of litigation, scope and measures of preservation, and procedures of preservation.

    What should a property preservation guarantor write

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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