First, how to check the other party's property for pre-litigation preservation
1. Ordinary people can't check other people's property, which belongs to personal privacy. Only homeowners and judicial organs can inquire in the real estate management trading center.
2. Property preservation is divided into pre-litigation property preservation and litigation property preservation, both of which are aimed at preventing the other party from transferring and hiding property and protecting their legitimate rights and interests.
A. Pre-litigation property preservation: refers to a property preservation measure adopted by the people's court when an interested party fails to apply for property preservation immediately due to an emergency, which will cause irreparable damage to its legitimate rights and interests. Civil disputes related to property preservation before litigation must have payment content. Controversial civil legal relationship should have the content of payment. If it is not a property interest dispute, but a personal reputation dispute, and there is no payment content, the court cannot take pre-litigation preservation measures.
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.
B. 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.
No matter what kind of property preservation, the parties can apply under legal conditions, but for inquiry and execution, this is the management of the court, and the parties do not need to do it or have the right to do it.
Second, the property preservation measures
1. Attachment refers to a property preservation measure that the people's court seals the property that needs to be preserved after counting to prevent any unit or individual from disposing of it. Seizure refers to a property preservation measure that the people's court moves the property that needs to be preserved to a certain place and detains it to prevent any unit or individual from disposing of it. When the people's court takes property preservation measures to seal up or detain property, it shall properly keep the sealed-up or detained property. The parties concerned may be responsible for keeping the seized articles, but may not use them.
2. Freezing refers to a property preservation measure that the people's court informs the relevant financial unit according to law that the respondent shall not withdraw or transfer its deposit. No unit or individual may use the funds frozen by the people's court according to law.
Property that has been sealed up or frozen shall not be sealed up or frozen again. Other methods permitted by law include ordering the defendant to provide security. Ordering the respondent to provide a guarantee refers to the property preservation measures that the people's court orders the guarantor to issue a written guarantee or the respondent provides a bank guarantee or a physical guarantee. For example, the respondent owes the applicant a loan of 5 million yuan, and guarantees the applicant to repay 5 million yuan with a building of considerable value. In this case, the people's court can lift the security measures of freezing the bank deposits of the respondent, so that the respondent can operate normally. In addition, detention, extraction of the respondent's labor income, prohibition of the respondent's agency, etc. , also belongs to the way of property preservation. When the people's court takes preservation measures for seasonal commodities, fresh, perishable and other items that are not suitable for long-term preservation, it may order the parties concerned to deal with them in time, and the people's court shall preserve them; When necessary, the people's court shall sell it and keep the price.
Property preservation measures generally include sealing up and freezing. Seizure means that the people's court counts and seals up the property that needs to be preserved according to law. Freezing refers to the way that the court freezes the accounts of relevant personnel by informing financial institutions. Property preservation has a time limit.