Not any case, any plaintiff, or any situation is suitable for property preservation. You must be cautious when applying for property preservation, because there are uncertainties and risks. Before you apply for property preservation, you must think clearly about these three things:
1. Does your case require property preservation?
reviewed two points. The first is whether the other party needs to pay compensation. If it is a reputation dispute, for example, what should you do to apply for property preservation... but the application will not be approved. The second is whether the amount is worth the property preservation. If someone owes you 10,000 or 20,000, if you apply for property preservation, it is not worth it. It is not enough trouble for you. Even some courts do not allow this, considering the amount to be too low.
2. Do you have any clues about the other party’s property?
Apply to preserve the other party’s property, or if you sue the other party for compensation of 50,000 yuan, you apply to preserve the other party’s property worth 50,000 yuan. The above expressions are too broad, too general, and very unspecific. In order to operate, the court needs to first investigate where the person has property. Many courts require the plaintiff to have clear property clues. At the very least, you need to know which bank the other party has a deposit in, or which company he is a shareholder of, or where he owns a house. However, some courts can apply for a property inspection application, that is, an application that integrates investigation and preservation. However, it is still recommended that you have property clues to provide, so that the court will not trouble you and your road will be easier.
3. You need to advance the preservation fee and the security fee for preservation.
As the plaintiff, you have already paid the litigation fees. If you apply for preservation, you will also have to pay the preservation fee and security fee. However, these will ultimately be borne by the losing party. If you win the case, it's okay, but if you lose the case, it's a bit of a loss. Moreover, preservation fees and preservation guarantee fees are not very low expenditures. So you have to think carefully about whether to apply for property preservation.
(I am lawyer Xia Qihang. If you have any legal questions, please send me a private message and I will reply)
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