Property preservation ruling reconsideration application
applicant:
Place of residence:
Legal representative:
Attorney: Name Work Unit
Respondent:
Place of residence:
Legal representative:
The applicant has received the "Civil Ruling Book" from the slogan of Your First Book. The ruling of freezing the applicant's bank deposit of 10,000 yuan against the ruling was dissatisfied and applied for reconsideration according to law. The facts and reasons are as follows:
According to the above facts, the applicant applied for the People's Court to reconside the "Civil Ruling Book" of the Jingjingchu Zi No. according to the provisions of Articles 96 and 97 of the Civil Procedure Law, and made a change ruling. The frozen deposit of 10,000 yuan of goods was taken away, and the respondent was required to bear the economic loss of the applicant due to the application error.
Sincerely
People's court
applicant:
year month day
Property preservation application
1. Format property preservation application
Applicant: ×××
Respondent: ×××
Requests:
Request the people's court to hold the defendant's following property:
1. ......
2.
The applicant provides the following guarantees:
1. ......
2. ......
Hereby apply.
Sincerely
××× People's Court
Applicant: ×××
×年×月×日
2. Description
The property preservation application is an important document in civil litigation. It refers to the people’s court before the case is heard or
In the course of litigation, a mandatory measure is taken against the property of the party or the subject matter of the dispute. Property preservation package
There are two types of pre-litigation preservation and litigation preservation. Any application for preservation before the prosecution is pre-litigation;
In the course of the lawsuit, the application for preservation is litigation preservation. The conditions for pre-litigation are: must be an emergency, not taken immediately
The preservation will greatly damage the rights and interests of the applicant; it must be made by the interested party to the court where the property is located.
Apply for preservation; the applicant must provide a guarantee. The conditions for litigation property preservation must be: the case must
Have a payment, that is, a claim for payment; it must be due to the behavior of one party or other acts
The judgment may not be enforceable; it must be made during the proceedings; the applicant should provide a guarantee.
The program of property preservation is: 1 application. Before the pre-litigation is filed by the interested party, a guarantee must be provided.
Otherwise, the court may reject the application; the litigation property preservation can also be filed in the lawsuit at the time of prosecution.
2 Determination of property preservation. Property preservation before the lawsuit must be decided within 48 hours after receiving the application. V.
If the case is urgent, it should be decided within 48 hours. Ruling to take precautionary measures, should be immediately
carried out. 3 The property preservation ruling shall not be prosecuted, and once it is made, it shall have legal effect. But the parties can apply
Reconsideration, during the reconsideration, does not stop the execution of the ruling. 4 The release of litigation property preservation. If the respondent
When the applicant who provided the guarantee or pre-litigation preservation did not sue within 15 days or other circumstances that needed to be lifted,
The court should decide to lift the preservation.
The questions that should be paid attention to when filling out the application for property preservation are as follows: 1. The reason for the requirement to state the preservation, that is, why
All; 2 requires the corresponding guarantee, if the guarantee is not provided, the court may refuse the preservation request; 3 requirements
Provide the specific location and quantity of the property to be preserved, otherwise the court will not be able to enforce it.
Maritime litigation property preservation application
applicant:
Legal representative:
Respondent:
The respondent belongs to the applicant, resulting in the loss of the applicant. The ship of the respondent is now parked at the port of the People's Republic of China. Special application for your institution to be detained, order the respondent to provide guarantee.
Sincerely
Maritime Court of the People's Republic
Attached files:
applicant:
year month day
Maritime litigation property preservation application
applicant:
Respondent:
The respondent belongs to·····
Special application for your institution to be detained, ordering the respondent to provide the corresponding amount of RMB guarantee.
If the applicant's application is wrong, the claimant will be liable for damages caused by property preservation.
Sincerely
Maritime court
Attachment: Name and number of attached files
applicant:
year month day
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