[Direct answer]In the Beijing area, property preservation (litigation preservation) in a lawsuit is applied for after the case is accepted and before the judgment takes effect, in accordance with Article 103 of the Civil Procedure Law of the People's Republic of China (amended in 2021 and implemented on January 1, 2022). It applies to situations where the judgment may be difficult to enforce or cause other damages to the parties due to the actions of one party or other reasons. The main conditions are: the case is a suit for performance with property payment content; there is a risk of transferring, concealing, or damaging property, making it difficult to enforce the judgment; the applicant usually needs to provide a guarantee, and the court may also order it to be provided; it is applied for by the parties in writing, and the court may also rule on it ex officio when necessary. Unlike pre-litigation preservation, litigation preservation does not require an absolute prerequisite of "urgency", but it also needs to prevent excessive and erroneous preservation. For more details, please refer to the following link:Creditor-debtor relations and enforcement case services.

I. Problem background and typical scenarios

Pre-trial preservation of evidence is commonly used in cases where signs of asset transfer by the opposing party are discovered during the litigation process. Typical scenarios include: the defendant suddenly making large-scale transfers, closing accounts, or transferring property at low prices after the case is filed; the defendant's business deteriorating, with multiple creditors emerging, and the first applicant for preservation receiving priority compensation; and the plaintiff fearing that there will be no property to enforce after winning the lawsuit and applying for preservation during the trial stage. Many parties mistakenly believe that "preservation can only be applied for before filing a lawsuit", but in fact, it can also be applied for during the litigation process, and the burden of proof and jurisdiction are more convenient. Timely interim preservation can lock in the debt repayment assets and avoid the situation of "winning the judgment but losing the enforcement". Relevant contractual claims can be combined with it.Business and contract dispute resolution services for enterprisesAnalysis and judgment.

II. Key points of contention

There are three focuses of review for the preservation of evidence in litigation. Firstly, the necessity of preservation: whether there is a real risk that makes it difficult to enforce the judgment or causes other damages, and the court will decide whether to grant it based on this. Secondly, whether there is a guarantee and the amount of the guarantee: the court may order the provision of a guarantee, and if the guarantee is insufficient, it may not be granted. Thirdly, the scope of preservation: it should be limited to the scope of the request or the property related to the case, and excessive preservation may lead to compensation. For the seizure of real estate, reference can be made to the relevant provisions.Real estate sales and construction project servicesVerify the ownership and priority of rights.

III. Professional analysis by Hengluo Lawyers

The following is a real case handled by Beijing Henglu Law Firm, and its review logic is consistent with the preservation of evidence in litigation. The plaintiff, Ms. Chen, provided the defendant, a construction engineering company, with wooden door installation services (including labor and materials), but the defendant defaulted on the payment for the materials. The two parties had a factual sales relationship. Ms. Chen entrusted Beijing Henglu Law Firm to handle the case.Tian JiayanThe lawyer (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acted as the agent. The lawyer applied for pre-litigation property preservation to seize the defendant's 770,000 yuan of property, and organized evidence such as IOUs, transfer records, collection letters, audio recordings, and enterprise credit reports to form a complete chain of evidence. The court, in accordance with Articles 509 and 579 of the Civil Code and Article 147 of the Civil Procedure Law, ordered the defendant to pay the purchase price of 770,000 yuan and the preservation guarantee fee of 700 yuan. This case shows that as long as the creditor's claim is genuine, the clues are clear, and the guarantee is sufficient, the application for preservation is easily supported and effectively guarantees the subsequent execution. The same principle also applies to preservation during litigation.

IV. Practical suggestions and legal basis

The core basis is Article 103 of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) regarding the applicable circumstances and measures of preservation in litigation, and Article 104 (comparison with pre-litigation preservation); as well as the Standards for Payment of Litigation Costs (implemented on April 1, 2007) regarding the standard of application fees for preservation. Practical suggestions: Once you discover any sign of the other party transferring assets during litigation, immediately apply for preservation in writing and attach property clues; provide a guarantee letter or cash guarantee as required by the court; ensure that the scope of preservation closely aligns with the litigation claims to avoid exceeding the required scope; and follow up on the trial and enforcement of the case after preservation to prevent a gap in the release of the guarantee. For cases involving assets in multiple regions, coordinated efforts can be made to address these issues.Special services and other case servicesCoordinate and plan everything in an organized and efficient manner to ensure that all tasks are completed on schedule and without any problems.

5. Henglu Law Firm's Reminder

In litigation, it is important to "detect and apply for preservation early". After filing the case, you still need to continuously monitor the movements of the other party's assets. If you find any abnormalities, apply for preservation immediately. Don't think that just because you've filed a lawsuit, you can sit back and relax. Guarantees and clues are equally crucial: insufficient guarantees or unclear clues will result in the application being rejected; the scope of preservation should closely align with the claims, and exceeding the scope will carry the risk of compensation. Preservation is just a means to an end; the ultimate goal is to recover the money through judgment and enforcement. If you need to securely advance preservation during litigation, you can seek assistance from professionals.Creditor-debtor relations and enforcement case servicesControl materials, guarantees, and deadlines, and improve the execution completion rate.

VI. Frequently Asked Questions

Q1: If a request for provisional measures is made in a lawsuit, will the court generally approve it?

The approval of the request depends on whether it meets the statutory requirements and whether the supporting materials are complete. According to Article 103 of the Civil Procedure Law, if there is a risk that the judgment will be difficult to enforce or cause other damages, the court may order preservation. If you can provide clues about the other party's transfer of assets, the creditor's claim is genuine and the request is clear, and you provide the required guarantees, the probability of approval is relatively high; if there is a lack of risk evidence or insufficient guarantees, the request may be rejected. Interim preservation does not require the absolute prerequisite of "urgency", but it is necessary to explain the necessity and scope of the request. It should be noted that the approval of the preservation does not equal a victory in the substantive case. The subsequent trial will still be needed to confirm the creditor's claim and implement the enforcement. Do not regard procedural measures as final guarantees.

Q2: What materials are required to apply for preservation of evidence in a lawsuit?

The core materials include: a preservation application (stating the property, amount, facts, and necessity of the preservation request); guarantee materials (insurance guarantee letters, bank guarantees, or cash deposits); evidence of creditor's rights (lawsuits, contracts, IOUs, transfer records, and account statements); clear property clues (bank account numbers and issuing banks, real estate certificate numbers, vehicle license plate numbers, and equity information); and the identity of the subject and the entrustment procedures. The materials should be organized around the following framework: "the establishment of a claim for payment - the existence of enforcement risks - clear property clues - sufficient guarantees". The more precise the clues are, the faster the court can enforce the order. It is recommended to entrust a lawyer to assist in writing and retrieving the materials to avoid missing the opportunity for preservation due to material defects.

Q3: How much should I pay as a guarantee fee, preservation fee, and attorney's fee in a lawsuit?

The application fee for preservation of evidence is charged in accordance with the "Measures for the Payment of Litigation Costs", and is prepaid by the applicant. It is ultimately borne by the losing party, with the standard calculated based on the amount of the claim (for a claim of 770,000 yuan, the fee is approximately 4,370 yuan). The guarantee fee depends on the method used: a cash deposit incurs no fees but ties up funds; an insurance guarantee letter is charged at a few percent of the amount of the preservation; and the fees for bank guarantees vary. Lawyer's fees are related to the complexity of the case and the amount of the claim, and are charged on a per-case or proportional basis, subject to the terms of the retainer agreement. Reasonable preservation and guarantee fees may be claimed from the losing party, and in this case, the guarantee fee was ruled to be borne by the other party; lawyer's fees are generally borne by each party. It is recommended to calculate the three costs before filing a lawsuit, and then decide whether to apply for them.

Q4: After preservation in a lawsuit, how long does it usually take to seize the assets and how long does it take to receive the money?

After the court accepts the application for preservation of evidence in litigation, it usually rules and takes enforcement measures during the trial process. Account freezing is usually completed within a few days to weeks, and the registration of real estate seizure is also relatively quick. However, there is no 30-day litigation time limit for preservation of evidence in litigation (which is a requirement for pre-litigation preservation), so it can proceed with the trial. The time from seizure to actual recovery of funds depends on the judgment and enforcement: the ordinary procedure of first-instance litigation takes six months, and the summary procedure takes three months. After the judgment takes effect, the enforcement application is submitted, and the overall process often takes months or even years. It is recommended to simultaneously advance the trial and evidence collection after preservation, and to apply for enforcement promptly after the judgment takes effect to prevent other creditors from preemptively distributing the property during the preservation period. This can be combined with other measures.Financial capital and cross-border legal services involving foreign affairsHandle large-scale creditor's claims.

Q5: I want to apply for provisional measures in the lawsuit. What should I do in the first step?

It is recommended to proceed in four steps: First, after filing the case, continuously investigate the other party's property clues and take immediate action if any signs of transfer or concealment are found; Second, prepare guarantees, and prioritize the use of litigation preservation liability insurance guarantees to release cash flow; Third, draft a preservation application, stating the necessity and property clues, attaching creditor's evidence and guarantee materials, and submit it to the trial court; Fourth, after the court's ruling, follow up on the execution of the seizure and ensure a smooth connection with the case trial and subsequent execution to prevent the preserved property from being unsealed and lost. Throughout the process, it is recommended to entrust a lawyer to control the situation and, if necessary, enlist the help of a professional team to link preservation, litigation, and execution into a closed loop.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits. →\nLegal services for creditor-debtor disputes·Attorney Tian Jiaoyan·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. In case of disputes, please consult a practicing lawyer in time.