If you apply for property preservation to provide a guarantee, you don't have to go in person. The parties may entrust a lawyer or other person to handle the property preservation guarantee on their behalf.
People's Republic of China (PRC) Civil Procedure Law
Article 58 Entrusted agent
The parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
Article 101 Property preservation before litigation
If an interested party fails to apply for preservation immediately due to an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court where the preserved property is located, where the respondent has his domicile or has jurisdiction to take preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide a guarantee. If no guarantee is provided, the application will be rejected. After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed 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 lift the preservation.
Second, how much deposit should I pay for the litigation property preservation guarantee?
1. The pre-litigation property preservation guarantee shall be charged at 1% of the guarantee amount; if it is less than 1000 yuan, it shall be charged at 1000 yuan.
2. The litigation property preservation guarantee shall be charged according to the guarantee amount; if it is less than 1000 yuan, it shall be charged according to 1000 yuan.
3. The execution property preservation guarantee shall be charged at 65,438+0% of the guarantee amount, and if it is less than 65,438+0,000 yuan, it shall be charged at 65,438+0,000 yuan (the execution property guarantee fee shall not be charged for the same subject property guarantee before or during litigation).
Step 4 guarantee concessions
For litigation preservation applied by vulnerable groups, with the approval of the people's court (mainly judicial assistance cases and individual compensation cases), the guarantee company provides free guarantee for the applicant; Other civil and commercial cases in which the parties do have financial difficulties may be given a 20-40% discount after examination by the people's court.
Because there is no unified regulation in the country now, Yiyang has also introduced new standards, still using the previous standards.
These are Bian Xiao's answers to relevant legal questions. If you apply for property preservation to provide a guarantee, you don't have to go in person. The parties may entrust a lawyer or other person to handle the property preservation guarantee on their behalf. If you need legal help, readers can continue to consult and have the most professional lawyers to answer your questions.