Ningbo divorce property preservation renewal extension operation points

Property preservation freezes the other party's account, but as the litigation cycle becomes longer, the freeze period is on the horizon. If you forget to renew the seal before the expiration date, as soon as the account is unfrozen, the other party will transfer the money immediately, and the previous security will be done for nothing. Renewal, extension, and waiting for seizure, these procedural nodes often determine the final outcome more than substantive disputes in divorce proceedings.

The time limit rules for the preservation of 1. property.

Property preservation is not once and for all, bank deposits, real estate, movable property and other different property preservation period varies. If the seal is not renewed beyond the time limit, the preservation measures shall automatically lapse and the preserved property shall be restored to the state of free disposition.

Bank deposit freeze period of one year

the people's court shall not freeze bank deposits for more than one year. If the case is not concluded or executed within one year, the renewal freeze must be completed before the expiration of the time limit. This is the time node that needs to be closely watched in the preservation of divorce property.

The period of seizure of real and movable property.

The time limit for the seizure of immovable property and the freezing of other property rights shall not exceed three years; the time limit for the seizure of movable property shall not exceed two years. The preservation period of different property is different, in the management of multiple preservation objects, it is recommended to establish a term account to avoid omissions.

Time point and manner of 2. renewal application

the application for renewal of the seal shall be filed before the expiration of the preservation period, and it is generally recommended that a written application for renewal of the seal be submitted to the court one month before the expiration. Don't wait until the last minute, because it takes time for the court's internal approval and docking with the assisting enforcement unit.

Writing of application for renewal

the application for renewal of the seal shall state the original case number, the original preservation ruling number, the information of the property being preserved, the expiration time of the preservation period, and the reasons for applying for renewal. Property information should be as specific as possible, such as bank account number, bank of deposit, real estate location and title certificate number.

The number of renewals is generally not limited.

The protective measures may be renewed several times before the conclusion of the proceedings or enforcement proceedings. As long as the case is still in progress and the property still needs to be preserved, the court will usually grant renewal. However, each renewal should be applied for on its own initiative before the expiration date, and the court will not automatically renew the seal.

The connection between the failure of the first 3. seal and the waiting seal.

Waiting for seizure refers to the seizure of property that has been seized by other courts, which will take effect automatically after the seizure is lifted by other courts. In divorce proceedings, if the property has been seized by the other creditor or other cases, the seizure of the party may be in a waiting state.

The Importance of the First Court

the first court has the power to dispose of the seized property. If property preservation in divorce cases can become the first letter, it will greatly increase the initiative in subsequent negotiations and enforcement. If you can only wait, you need to pay close attention to the progress of the first case and whether the first case is renewed.

The first seal is invalid and will take effect automatically.

If the first seal is not renewed at the expiration of the term, the first seal shall automatically become invalid, and the subsequent waiting seals shall take effect automatically in turn. Therefore, even if you are in a waiting position, you should pay attention to the renewal of the first seal to prevent the failure of the first seal from disrupting the sequence of seizure.

Alteration and Replacement of the Subject of 4. Preservation

during the preservation process, the person being preserved may apply for the replacement of the preserved property with other property, such as the replacement of the seized property with a cash account. If, after examination, the court considers that the replacement of property is sufficient to protect the rights and interests of the applicant, it may grant permission.

Review points of replacement

the applicant shall examine the value of the replacement property, its liquidity and whether there are any defects in its rights. If the value of the replacement property is insufficient or difficult to realize, it may harm the interests of subsequent execution. The court will also consider whether it will affect the normal trial and execution of the case during the review.

Increase or decrease the subject matter of preservation

if a new property clue is found in the lawsuit, it may apply for additional preservation; if it is found that the value of the preserved property obviously exceeds the subject matter of the lawsuit, the other party may apply for the release of the excess. The scope of property preservation should roughly match the claim to avoid the risk of compensation arising from excessive preservation.

5. network investigation and control and freezing and thawing practice

in recent years, courts have generally used online enforcement inspection and control systems to inquire and freeze bank deposits, vehicles, real estate, etc. Network investigation and control has greatly improved the efficiency of preservation, but there are also practical problems such as information lag and account balance changes.

The connection between network freezing and offline freezing

network freezing is usually more efficient by controlling accounts directly through the system. However, for some special accounts, field accounts, or institutions that have not been covered by the system, it is still necessary to serve the decision and the notice of assistance in enforcement to the enforcement unit offline.

Handling when the account balance is insufficient

an insufficient account balance at the time of freezing does not mean that the account has no value. After applying for a freeze, you should continue to pay attention to the subsequent entry of the account and, if necessary, apply for a freeze or increase the freezing of other accounts. The other party's salary account and operating income account are often the main source of subsequent entries.

The risk of compensation for 6. preservation errors.

Although property preservation can protect the rights and interests of the applicant, if the application is wrong, it may also cause losses to the person being preserved. The Civil Code and relevant judicial interpretations stipulate that if there is an error in applying for preservation, the applicant shall compensate the person being preserved for the losses suffered by the preservation.

What situations may be considered a preservation error

common situations include: the object of preservation obviously does not belong to the joint property of the husband and wife, the amount of preservation far exceeds the claim, the application for preservation even if the basis of litigation is known to be untenable, the withdrawal of the lawsuit after preservation and no reasonable explanation. The applicant shall ensure that the application for preservation has a preliminary factual basis and avoid abuse of preservation.

The role of guarantee and insurance

an application for property preservation usually requires a guarantee, and the insurance company may issue a litigation property preservation liability insurance policy. Preservation insurance can not only reduce the cost of the applicant's guarantee, but also provide a channel for compensation when the person being preserved is damaged by mistake. However, insurance does not exempt the applicant from liability for malicious preservation.

7. case proof

according to similar adjudication rules, one party applied to freeze the other party's bank deposits in divorce proceedings, but due to the failure to renew the seal in time, the account was automatically unfrozen after the expiration of the freezing period, and the other party transferred the funds out within a short period of time after the unfreezing, making it difficult to enforce the subsequent judgment. The court finally found that the loss of funds in the account was related to the failure to renew the seal, reminding the applicant that he should bear the responsibility for the management of the preservation period. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

According to similar adjudication rules, in divorce cases, the property is subject to waiting for seizure. The first case is invalid due to failure to renew the seal in time. The waiting seizure of divorce cases will automatically take effect for the first case. After obtaining the right of disposal, the subsequent property division and execution will be smoothly promoted. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

8. Risk Alert

• forget the renewal time node: bank deposits are frozen for one year, and will be automatically unfrozen if they are not renewed, and funds may be transferred.
• Confusing the first seal with the waiting list: the waiting list does not directly control the property and will only take effect after the first seal expires, requiring continuous attention to the first case.
• Excessive preservation triggers compensation: the amount of preservation far exceeds the claim or the object is wrong, and the other party may be awarded compensation.
• Ignore the subsequent entry of accounts: insufficient balance at the time of freezing does not mean that there is no value, and wage accounts and operating accounts will continue to be recorded.
• The content of the application for renewal is inaccurate: the account number and location are incorrectly written, resulting in the renewal failing to cover the original property, forming a security loophole.

9. FAQ

how long does the property preservation expire?

The period of freezing bank deposits is generally one year, the seizure of real estate is three years, and the seizure of movable property is two years. The seal must be renewed before the expiration of the period, otherwise it will automatically become invalid.

Do I need to pay the preservation fee again for the renewal?

Renewal usually does not require the payment of a new preservation application fee, but is subject to court requirements. A written application for renewal is required.

When will the waiting seizure take effect?

After the first seizure fails, the waiting seizure will take effect automatically in order. Need to keep an eye on whether the first seal is renewed, so as not to miss the change in order.

Is the security wrong to compensate?

Yes. If the application for preservation is wrong and causes losses to the other party, the applicant shall be liable for compensation. Therefore, the object and amount of preservation should be matched with the claim and factual basis to avoid abuse of preservation.

Practical Experience of 10. Lawyers

property preservation is not a once-and-for-all, renewal, extension, waiting for seizure of these procedural nodes, many times more than the entity dispute determines the final outcome. Freezing the other party's account, but the litigation period is long, the freezing period will expire at the sight of the expiration, if you forget to renew the seal before the expiration, the account will be unfrozen, the other party will immediately transfer the money, the previous preservation will be done for nothing. Therefore, from the day of successful application for preservation, it is necessary to establish a term account for each preserved property, write down the maturity date and the time point of renewal, and compare it regularly.

Operationally, it is important to keep an eye on different maturities according to the type of property: bank deposits are frozen for a shorter period of time, and it is most necessary to renew the freeze before maturity; other property rights, such as real estate and equity, are seized for a longer period of time, and movable property is relatively shorter. Different property has different terms, so it is necessary to build a ledger when managing multiple targets to avoid omissions. The application for renewal should be submitted in advance, leaving enough time for the court to handle it, and should not be delayed until the last few days. At the same time, the acceptance certificate should be kept to prevent the gap of "application but failure" from occurring and the security chain from being broken.

Strategically, we should prevent the convergence of "the first seal fails and the waiting list fails": if we know that we are not the first seal, we should evaluate the sequence of the waiting list and don't put all our hopes on the preservation. If the preservation target is replaced or changed, the adjustment shall be followed up in time to avoid the failure of the new target after the original target is unsealed. Attention should also be paid to the risk of compensation for preservation errors, and the application for preservation should be based on a reasonable basis, commensurate with the scope of the request, and not maliciously expand the seizure. Control the program node, preservation can really lock the other party's property, rather than leaving a loophole that can be exploited.

The renewal, extension and management of property preservation are the most important procedural links in divorce proceedings. The term rules of one year for bank deposits, three years for real estate and two years for movable property must be followed up item by item in a ledger. The application for renewal of the seal should be made on its own initiative before the expiration date, and the court cannot be expected to renew the seal automatically. At the same time, it is necessary to distinguish the legal effect of the first seal and the waiting seal, and grasp the opportunity of the first seal failure. When applying for preservation, we should also pay attention to the matching of the object of preservation and the amount to avoid liability for excessive preservation. Network inspection and control has improved efficiency, but offline verification and continuous tracking are still irreplaceable.