[Direct answer]Yes. Lawyers handling litigation can usually assist in applying for property preservation, including drafting preservation applications, sorting out and verifying the other party's property clues, handling guarantee procedures (such as insurance company's litigation preservation liability insurance guarantee letters), and following up on the court's rulings and implementation. Pre-litigation preservation applies to situations where the emergency is urgent and failure to immediately preserve the property will cause irreparable damage. If the applicant does not file a lawsuit or apply for arbitration within 30 days after the application, the court will lift the preservation order. In-litigation preservation can be proposed after the lawsuit is filed but before the judgment is made. Preservation requires providing guarantees, and the applicant should also compensate the other party for losses if the application is erroneous. Whether to adopt preservation measures should be evaluated comprehensively based on the likelihood of winning the case and the other party's solvency. Reference can be made to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Business and contract disputes in enterprises.

1. Problem background and typical scenarios

Such needs are commonly encountered in several situations: First, the debtor has defaulted on loans and debts for a long time, and there have been recent changes in the property, vehicles, and accounts under the debtor's name, suggesting that the debtor may be transferring assets; Second, the litigation target is large in scale and the litigation period is long, and there is concern that by the time the judgment is issued, the debtor may have no assets left to be executed against; Third, in divorce or family property division cases, one party may hide savings or transfer property at a low price; Fourth, in equity disputes, the other party may pledge or sell shares; Fifth, before enforcement, it is found that the debtor is disposing of assets that can be enforced against. The review of preservation applications by Beijing area courts is becoming increasingly standardized, and applications with complete materials and clear clues are implemented more efficiently.

II. Key points of contention

The disputes focus on five aspects. First, the necessity and urgency of preservation. It is necessary to explain the specific risks that the judgment will be difficult to enforce or cause irreparable damage if preservation is not carried out. Second, the amount and method of guarantee. Courts usually require guarantees, and in practice, cash guarantees are often replaced by preservation liability insurance guarantees. The specific requirements shall be subject to the court's decision. Third, the clarity of property clues. The more specific the account, property, and equity information is, the faster the implementation will be. Fourth, the scope of preservation. It shall not obviously exceed the subject of the request. Seizure beyond the scope may be corrected by reconsideration. Fifth, the liability for applying for preservation errors. If the applicant loses the case or makes preservation errors, he/she shall compensate the other party for the losses. The specific requirements shall be subject to the current effective laws and regulations and judicial rulings. For matters involving enforcement and recovery of debts, reference may be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, property preservation is a key lever for creditor enforcement. Common forms include: applying for preservation and freezing the other party's account while suing, facilitating pre-trial settlement; suing within 30 days after pre-trial preservation to avoid the automatic lifting of the preservation order; applying for the seizure of real estate suspected of being transferred to block the transfer of ownership. There are three common pitfalls: first, the clues are vague, with only the name and a speculative account provided, making it difficult for the court to implement the measure; second, ignoring the cost of guarantees and the risk of compensation for preservation errors, with the subject of preservation far exceeding the actual creditor's rights; third, neglecting to actively promote the main case after preservation, missing the 30-day filing deadline or failing to renew the freeze in time. In the judicial practice of Beijing courts, applications with clear property clues and sufficient guarantees can usually be implemented within a short period of time, and the lawyer's professionalism in supplementing materials and communicating with the court directly affects the efficiency.

IV. Practical suggestions and legal basis

Action suggestions: 1. Before suing, conduct a preliminary investigation into the other party's assets, including real estate, vehicles, equity, and bank accounts, which can be obtained through public channels and lawyer investigation methods. 2. Plan preservation and litigation simultaneously. Preservation measures must be initiated within 30 days of filing the lawsuit. 3. Prioritize using preservation liability insurance guarantees to reduce the pressure of cash guarantees. 4. After preservation, track the ranking of the attachment and the time for renewal. Both attachment and freezing have time limits, and applications for renewal should be submitted in a timely manner before the expiration. 5. The amount of preservation should be equivalent to the creditor's claim to prevent the risk of compensation for preservation errors. Legal basis: Articles 103 and 104 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective from January 1, 2024) stipulate the conditions for preservation in litigation and pre-litigation preservation, as well as the rules for guarantees and release. The "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by People's Courts" (effective since December 1, 2016) elaborate on preservation guarantees, property clues, and implementation procedures. The specific application shall be subject to the currently effective version and judicial rulings.

5. Henglu Law Firm's Reminder

Risk Alert: Firstly, preservation of evidence is a means rather than an end. Whether the preservation can be ultimately implemented depends on the judgment result and the other party's financial status. Secondly, if the application for preservation is erroneous, the applicant shall compensate the respondent for the losses suffered due to the preservation. There is a risk of being counter-sued for malicious preservation. Thirdly, both the seizure and freezing have time limits. Forgetting to renew the seizure means all previous efforts will be in vain. Fourthly, the implementation of preservation will be disclosed to the respondent, which may exacerbate the conflict. Therefore, it is necessary to prepare negotiation plans in advance. It is recommended to coordinate preservation, mediation, and enforcement with the assistance of a lawyer, and you can consult with them for more details.Beijing Henglu Law FirmFor similar columns on the official website, you can refer to the relevant service highlights for more information.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: Can lawyers handling property preservation on behalf of clients increase the success rate?

Generally, it is possible. Lawyers are familiar with the material requirements for preservation applications and the court's review priorities. They can organize the property clues in a standard format, match appropriate guarantee methods, and respond quickly when the court requires corrections, reducing returns and repetitions. The key to preservation is clear clues, adequate guarantees, and sufficient reasons, which are precisely the strengths of professional agents. However, whether the application will be approved ultimately depends on the court's discretionary decision.

Q2: What materials are required to apply for property preservation?

The main documents include: a preservation application, stating the amount of the preservation request, the clues to the property and the factual reasons; evidence of the principal claim, such as contracts, IOUs, and account statements; clues to the respondent's property, including accounts, real estate, vehicles, and equity information; guarantee materials, such as cash, physical assets, or preservation liability insurance guarantees; and identity and authorization documents. The more complete the materials are, the faster the implementation will be. It is recommended to prepare the materials item by item according to the court's checklist under the guidance of a lawyer.

Q3: How much does it cost to preserve property?

The fees include the application fee for preservation of evidence, the cost of guarantee, and attorney's fees. According to the regulations, the application fee for preservation of evidence shall be prepaid by the applicant and ultimately borne by the losing party; the guarantee may be in the form of cash, real estate, or a guarantee letter from a surety insurance company, with the guarantee fee typically being a certain percentage of the amount of the guarantee, which is much lower than the full cash guarantee. The higher the amount of the guarantee, the higher the cost. It is necessary to estimate the scale of the creditor's claim and the other party's repayment ability before making a decision.

Q4: How long will it take to implement property preservation?

For urgent pre-litigation preservation measures, the court generally issues a ruling within 48 hours and immediately executes it; for preservation measures in litigation, they are usually implemented within a few days to weeks after review, depending on the quality of the clues and the court's workload. Freezes of assets with clear clues and accurate account information are often faster, while vague clues may be returned for supplementation, prolonging the overall process.

Q5: How should I proceed if I plan to apply for a preservation order?

The first step is to collect and fix the clues of the other party's property and the signs of transfer as soon as possible; the second step is to evaluate the creditor's rights and the amount of preservation, and choose the guarantee method; the third step is to apply for pre-litigation preservation in an emergency situation and sue within 30 days, otherwise the preservation will be automatically lifted; the fourth step is to apply for preservation directly to the trial court if the case has entered litigation; the fifth step is to advance the main case after preservation and pay attention to the renewal of the preservation, which can be referred to for reference.Business and contract disputes in enterprises.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Business and commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.