Creditor: Judge, I now have the debtor’s bank account information and real estate information, but I am afraid that he will transfer his property. Is there any way to prevent this from happening?
Judge: certainly has a way. According to the law, in order to prevent the judgment from being difficult to enforce or causing other damage to you, if you have clear property information or specific property clues about the other party, you can apply to the people's court with jurisdiction to preserve its relevant property.
Can you tell me more specifically?
Let us take a look at the following case:
In late June 2022, the First Judicial Division of the Xi'an Intermediate People's Court accepted the case of Company A's application to enforce Company B's project payment. The project payment has been in arrears for nearly eight years, and the total principal and interest has reached 4.2 million yuan. After reviewing the files and questioning both parties through , we learned that Company A had applied for property preservation to the People's Court where Company B was located before the arbitration award in the case, and had frozen its two bank accounts.
In order to accurately verify the preserved bank account information, the case handler immediately notified Company A to submit additional legal documents for property preservation and inquired through the related case inquiry system. After verification, the preservation measure is fully frozen. In order to effectively protect the legitimate rights and interests of the person applying for execution, the case handler decided to immediately deduct the case funds from the preserved account. The investigators braved the hot weather and visited two banks throughout the morning and successfully deducted the money in the case. Subsequently, the two companies were organized to conduct interest calculations. Company B immediately paid the interest, and the case was successfully completed. The smooth conclusion of the case fully demonstrated the superiority of the preservation measures, allowing the applicant to obtain his project payment accurately and quickly.
Creditor: Judge, I understand. It turns out that the purpose is to control the other party’s money in the bank account in advance. So what kind of clues should I provide that are specific and clear property clues?
Judge: The question you raised is very important and critical, and it is what I want to tell you today.
If you know the other party's account number, account opening bank, license plate number, real estate information (such as property ownership certificate number, pre-sale certificate number, online signing registration number), equity registration authority, stock account opening company, etc., you can apply to the people's court with jurisdiction for pre-litigation preservation .
After review by the People's Court, if the preservation conditions are met and the relevant legal documents are issued and promptly delivered to the relevant assisting enforcement unit, the person's account can be frozen, the vehicle seized, the property seized, the equity frozen, the account locked, etc.
Another important point is that after preservation, a lawsuit or arbitration must be filed within 30 days, otherwise the court will terminate the above preservation measures in accordance with the law. If the respondent still fails to perform its obligations after the judgment or arbitration, then you can apply for compulsory execution and tell the execution judge about the preservation situation. After the execution judge checks that it is correct, he can immediately take enforcement measures, thereby converting the results of your preservation into "real money".
So, what are the procedures required to apply for property insurance?
Judge: According to legal provisions, parties and interested parties applying for property preservation should submit an application to the People's Court and provide relevant evidence materials.
The application shall state the following matters:
(1) The identity, delivery address and contact information of the person applying for preservation and the person being preserved;
(2) The requested matter and the facts and reasons based on it; (3) The amount of preservation requested or the subject matter of the dispute;
(4) Clear property information to be preserved or specific clues to the property to be preserved;
(5) Provide guarantee property information or credit certificate for property preservation, or the reason why no guarantee is required;
(6) Other matters that need to be stated.
Creditor: Thank you for the judge’s explanation.It seems that pre-litigation preservation is really important so that the legitimate rights and interests of the parties can be protected.
The judge reminded
that creditors must exercise their legal rights in accordance with the law. If there is an error in the application, they should compensate the other party for the losses caused by the preservation. If the party concerned is dissatisfied with the preservation ruling, he may apply for reconsideration once, but the execution will not be suspended during the review period.
Review: He Xueli
Editor: Wang Ying
Contributor: Zhi Yiting Li Yan
Produced by the New Media Center of Xi'an Intermediate People's Court
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