1. What is property preservation?
The litigation time is long, ranging from several months to one or two years. Anyway, the defendant has enough time to transfer the property, so you can't get the money even if you go to court, which is obviously unfair to the plaintiff. In order to protect the plaintiff's rights, the law gives the plaintiff the right to apply for control measures against the defendant's property before the judgment is made.
2. Why do you want property preservation?
What all plaintiffs want is not to win the lawsuit, but to get their own money. For the plaintiff, it is meaningful to realize the book attribute of the effective judgment.
3. What can property preservation do?
The most common security measures, such as freezing the defendant's bank account and sealing up the defendant's property, land, vehicles, accounts receivable, etc.
4. Can the defendant's bank account and real estate/land/vehicle be preserved?
In most cases, "both ... and ..." is just a perfect idea, and the court supports it less, so the applicant needs to choose the type of property to be preserved.
5. Is there any limit requirement for preserving the defendant's property?
Of course there must be. Generally, an application for preservation is filed in a country where the amount of the subject matter sued by the plaintiff is too high, and the court does not support it. The law prohibits over-preservation.
6. With property preservation, can the defendant not use the relevant property?
No, the defendant can still use it, and the vehicle can also be opened for living, but it cannot be disposed of (sold/donated, etc.). ).
7. If the defendant's bank account is frozen and preserved, the defendant's bank card will not be used?
No, the defendant's bank card "can only enter and exit" within the scope of application for freezing, and the part exceeding the safety limit is used normally.
8. Is there a time limit for property preservation measures?
Yes Bank account 1 year, 2 years for movable property (vehicle) and 3 years for real estate (house/land). Insurance needs to be renewed when it expires.
9. I don't know the defendant's property and want to preserve it. What should I do?
You can apply to the court to investigate and control the defendant's property (mainly bank accounts) first, and then apply for preservation of the investigated property. (subject to the requirements of the local court).
However, not all courts support the investigation and control of the defendant's property, and a considerable number of courts require the plaintiff to provide accurate clues (specific to the bank account and account number) of the defendant's property before handling the preservation. In other words, if the plaintiff can't provide the defendant's property information, it can't be preserved, and the defendant has a great risk of transferring the property.