1. You can go to the relevant bank together with the court enforcement department to check the deposit situation (if you can't go by yourself, you won't get it if you go to the bank by yourself).
2. Understand the debtor's recent income.
3. Understand that the debtor has not transferred the property.
4. Understand the debtor's income trend.
What conditions must property preservation meet?
1, it must be an emergency, and the legal property rights and interests of the applicant will be irretrievably damaged if property preservation is not taken;
2. The interested party must apply to the people's court where the property is located, and the court takes the initiative to take property preservation measures without authority;
The applicant must provide a guarantee, otherwise the court will reject the application.
4, the case must have the content of payment, this is a lawsuit of payment;
5. It must be the behavior of one party that may make the judgment difficult to execute;
6. The application must be made during the proceedings. When necessary, the court may also decide to take litigation property preservation measures ex officio;
7. The applicant provides a guarantee. If the court has not ruled to provide a guarantee, this restriction shall not apply.
What are the classifications of property preservation?
1, property preservation in litigation
Property preservation in litigation refers to the compulsory measures taken by the people's court to restrict the disposition of the parties' property or the disputed subject matter after accepting the case and before making a judgment.
It takes several months or even longer for the people's court to accept civil cases before making an effective judgment. After the court decision takes effect, if the debtor fails to perform his obligations, it will take some time for the creditor to apply for enforcement. In this process, if the debtor conceals, transfers or squanders disputed property or property used for execution afterwards, it will not only intensify the contradictions between the parties, but also make the effective judgment unenforceable. Some controversial items, such as fruits and aquatic products, are perishable and must be disposed of in time to save prices and reduce the losses of the parties.
2. Property preservation before litigation
Pre-litigation property preservation means that in an emergency, if the court does not take property preservation measures immediately, the legitimate rights and interests of interested parties will be irretrievably damaged, so the law gives interested parties the right to apply to the people's court for property preservation measures before prosecution.
Pre-litigation property preservation is an emergency preservation measure to protect interested parties from irreparable losses. For example, when the two parties signed the purchase and sale contract, the buyer paid the supplier an advance payment of RMB 6,543,800+0.5 million as agreed, and afterwards it was found that the supplier had committed fraud and could not perform the contract at all, and the paid payment may be transferred. If compulsory preservation measures are not taken in time to control it, it will inevitably cause irreparable losses. Because it will take some time from the time when the creditor brings a lawsuit to the court, it is necessary for the law to give the interested party the right to request the court to preserve the property that may be transferred in time in an emergency.
To sum up, if you don't know whether the other party's property exists, you can apply to the court for investigation. Relevant clues can be provided, and the people's court can rule to take property preservation measures according to law.
Legal basis:
Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by People's Courts
Article 10
When applying for property preservation, the parties and interested parties shall provide the people's court with clear information about the property to be preserved. If the parties who apply for property preservation in litigation cannot provide clear information about the property to be preserved due to objective reasons, but provide specific property clues, the people's court may rule to take property preservation measures according to law.
Article 11
If the people's court makes a preservation ruling in accordance with the provisions of the second paragraph of Article 10 of these Provisions, during the execution of the ruling, the applicant for preservation may apply in writing to the enforcement court that has established a network enforcement inspection and control system to inquire about the property of the protected person through the system. If the preservation applicant applies for inquiry, the enforcement court may use the network execution inspection and control system to inquire about the property ruled to be preserved or the property within the scope of preservation amount, and take corresponding measures of sealing up, distraining and freezing. If the people's court cannot find the property that can be preserved by using the network to execute the inspection and control system, it shall notify the applicant in writing.