[Direct answer]In the Beijing area, before the expiration of the term of the preservation measures, the parties shall apply to the people's court that originally issued the preservation or enforcement ruling for the renewal of the preservation (commonly known as the renewal of the seal). According to Article 104 of the Civil Procedure Law of the People's Republic of China, the period of freezing the bank deposits of the person subject to enforcement shall not exceed one year, the period of sealing and impounding movable property shall not exceed two years, and the period of sealing immovable property and freezing other property rights shall not exceed three years; if the applicant for enforcement applies for an extension of the term, the people's court shall handle the renewal formalities before the expiration of the sealing, impounding, and freezing period, and the renewal period shall not exceed half of the period stipulated in the preceding paragraph. If the renewal of the seal is not applied for within the time limit, the preservation measures will be automatically lifted, and the property may be transferred or disposed of by the person subject to enforcement or the debtor. It is recommended to prepare the original preservation ruling, property clues, and guarantee materials within 30 days before the expiration of the term, and submit the renewal application in time. For more details, please refer to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Legal services for creditor-debtor relations and enforcement cases.

I. Problem Background and Typical Scenarios

The need for renewal of preservation orders is often seen in cases where creditors' claims have not been settled for a long time, and the litigation or enforcement cycle exceeds the preservation period. Typical scenarios include: before the expiration of the first preservation order, the debtor still owes unpaid goods money, and the creditor is worried that the other party will transfer account funds; the first-preserved property faces a renewal of the preservation order, and the applicant for enforcement does not know how to proceed; and the waiting-list preservation creditor hopes to connect rights after the first preservation order is lifted. Many parties mistakenly believe that the first preservation order is a one-time solution, but after the expiration of the period, the property is transferred, and the opportunity to recover the money is missed. Renewal of preservation orders is a procedural right, and the earlier it is planned, the more proactive it will be. The related property clues can be sorted out in combination withBusiness and contract dispute resolution services for enterprisesCoordinate and promote progress in an integrated manner.

II. Key points of contention

The focus of the dispute over the renewal of the freeze lies in three aspects. Firstly, the timing of the application: the law requires that the renewal procedures be completed before the expiration of the deadline. If the deadline is exceeded, the freeze will be automatically lifted, and the court generally does not provide remedies afterwards, so the submission node is crucial. Secondly, the guarantee requirements: whether the guarantee provided for the first preservation is still valid at the time of renewal. Some courts require supplementary or new guarantees, and the standards vary. Thirdly, the clues and scope of the property: the renewal of the freeze must specify the specific property to be continued to seize, and the property that has been transferred or disposed of needs to be re-investigated and controlled. For the time limit of the seizure of real estate, you can refer to it.Real estate sales and construction project servicesUnderstand the connection between registration and seizure.

III. Professional analysis by Hengluo Lawyers

Based on a contractual dispute over payment for goods handled by our firm, it is clear that preservation of evidence plays a crucial role in recovering debts. Case review: In late 2016, the plaintiff, Ms. Chen, provided wood door installation services (including labor and materials) for the defendant, a construction company. The defendant repeatedly defaulted on payment for materials. On May 3, 2019, the defendant issued a promissory note acknowledging a debt of 520,000 yuan and affixed its official seal. On January 18, 2021, the defendant's former legal representative transferred 100,000 yuan in payment, but failed to recover the remaining balance. Ms. Chen entrusted Attorney Tian Jiaoyan of Beijing Henglu Law Firm to protect her rights. Both parties' claims: The plaintiff requested the defendant to pay the outstanding debt, reimburse the litigation-related preservation guarantee fees, and bear the litigation costs. The defendant failed to appear in court after being legally summoned. Attorney's strategy: Upon accepting the case, the firm immediately applied for pre-litigation property preservation, seizing the defendant's 770,000 yuan in bank deposits or equivalent assets. The firm also compiled comprehensive evidence including the promissory note, transfer receipts, demand letters, SMS screenshots, phone recordings, preservation guarantee invoices, and enterprise credit reports. Court's reasoning and outcome: The court upheld the plaintiff's claims. Based on Articles 509 and 579 of the Civil Code of the People's Republic of China and Article 147 of the Civil Procedure Law of the People's Republic of China, the court ordered the defendant to pay the outstanding debt of 770,000 yuan and preservation guarantee fees of 700 yuan within 15 days of the judgment taking effect. The court reduced the case acceptance fee by half to 4,175 yuan and ordered the defendant to bear the preservation fees of 4,370 yuan. This litigation successfully prompted the defendant to repay the debt promptly. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 104 (Preservation Period and Renewal), Article 105 (Guarantee), and Article 249 (Seizure in Enforcement) of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), as well as the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by People's Courts" (implemented on December 1, 2016 and amended on December 23, 2020) regarding the rules that the renewal of preservation should be handled before the expiration of the deadline and that the applicant may apply for online renewal of the freeze; regarding fees, refer to the "Method for Payment of Litigation Fees" (implemented on April 1, 2007). Practical suggestions: Establish a preservation deadline ledger, and initiate the renewal of the freeze 30 days before the expiration; prepare the original preservation ruling, the list of property clues, and the guarantee materials; timely supplement the investigation and control of changes in property clues; and actively connect the first seizure with the release of the second seizure when involved in the recovery of enforcement funds.Creditor-debtor relations and enforcement case servicesPromote.

5. Henglu Law Firm's Reminder

The most worrying thing about renewing a preservation order is "forgetting the deadline". The preservation measures will automatically be lifted when they expire, and the court will not actively remind the parties. The parties must keep track of the deadlines themselves. It is recommended to write the expiration date of the preservation order into the case management ledger, prepare the application for renewal and the guarantee in advance, and avoid the irreversible transfer of the property due to the expiration. At the same time, there is no limit to the number of times a preservation order can be renewed, but each renewal must meet the conditions. If the property has been disposed of, the attachment target should be changed in time. If the opponent continues to default on payments or is suspected of transferring assets, it is necessary to consult a professional lawyer as soon as possible to formulate a comprehensive preservation and enforcement plan, and if necessary, to conduct additional investigations into the property clues. For more procedural connections, please refer to the relevant documents.Special services and other case services.

VI. Frequently Asked Questions

Q1: If I apply for a renewal of the preservation order when it expires, will the court support it, or will it be rejected?

The approval of the application for extension of seizure depends on two conditions: first, the application must be submitted within the statutory time limit, that is, the application for extension must be submitted to the court before the expiration of the original seizure period; second, the property must still be in a state that can be seized and the application materials must be complete. As long as the original seizure is legal and effective, the application is submitted before the expiration of the period, and the guaranty is continued, the court will usually grant the extension and will not reject it just because it has "expired". Common situations of rejection include: applying for extension after the expiration of the time limit, resulting in the automatic lifting of the original seizure; the property to be extended has been transferred, disposed of or lost, and no new clues have been provided; the guaranty is obviously insufficient. Therefore, the key lies in "acting before the expiration" and "providing accurate clues". Do not believe in the so-called "guaranteed win" promises. The extension of seizure is a procedural right, and the result depends on the current state of the property and the completeness of the materials.

Q2: What materials are needed to apply for a renewal of the protective order?

The core materials include: the original preservation order or enforcement order (proving the basis and time limit of the first seal), the application for renewal of the seal (stating the property to be continued to be sealed and the time limit), the list of property clues (specific information such as accounts, real estate, vehicles, etc.), the original guarantee materials or supplementary guarantees (some courts require the provision of new guarantees), and the applicant's identity certificate and power of attorney. For the renewal of the seal in the enforcement stage, the enforcement basis (effective judgment or ruling) and the enforcement filing materials should also be submitted. The more specific the property clues are, the better. For accounts, the opening bank and card number are required; for real estate, the location and certificate number are required. If the materials are incomplete, they will be returned for correction, and the delay may exceed the time limit. It is recommended to organize and consult a lawyer for assistance in drafting the documents 30 days in advance.

Q3: How much do the preservation fees and guarantee fees cost for a continuation of the seal?

There are mainly two types of fees. Firstly, the preservation application fee (preservation fee) is paid in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the preserved property, with a maximum of no more than 5,000 yuan. It is prepaid by the applicant and ultimately borne by the losing party or the person subject to enforcement. Generally, the preservation fee is not charged again during the execution process, and the specific rules are subject to the court's interpretation. Secondly, the guarantee fee: If the guarantee is provided by a guarantee company or an insurance policy, the premium needs to be paid to them. The premium rate varies with the subject and the risk, and there is no unified standard. In the aforementioned case, both the preservation fee of 4,370 yuan and the preservation guarantee fee of 700 yuan were borne by the losing party. It is recommended to confirm the amount with the court and the guarantee institution before entrusting the case, and to include the cost in the recovery expectation.

Q4: How long does it usually take to complete the renewal of the seal registration, and what is the maximum duration of the preservation order?

Processing time: If the materials are complete and the court's review is successful, the renewal of the seal order and the registration of the seizure are usually completed within a few days to 15 days. The online investigation and freezing of assets is often even faster. The preservation period varies depending on the type of property: the freezing of bank deposits is not more than one year, the seizure of movable property is not more than two years, and the seizure of real estate and other property rights is not more than three years; the renewal period shall not exceed the original period. It is recommended to start the process 30 days before the expiration of the deadline, allowing time for the court's review and registration to avoid gaps caused by scheduling or correction. The renewal of the freeze in the enforcement process can be handled online through the online investigation and control, which is more efficient. In case of emergency transfers, you can apply for provisional preservation of assets or expedite the process simultaneously.

Q5: My insurance policy is about to expire. What should I do first?

It is recommended to proceed in four steps: First, check the start and end dates of the preservation specified in the original preservation ruling, and set a reminder 30 days before the expiration of the time limit. Do not wait until the expiration date is approaching to take action; Second, organize the clues of the property to be renewed for preservation, and confirm whether the accounts, real estate, vehicles, etc. are still registered under the name of the debtor. If the property has changed, supplement new clues; Third, prepare the application for renewing the preservation, the original ruling, the guarantee materials, and the identity proof, and submit them to the original preservation court or the execution court; Fourth, after the court rules to renew the preservation, follow up on the registration and time limit of the seizure, and establish a file to prevent another overdue. It is recommended to entrust a lawyer to assist throughout the process to ensure that the materials pass the review once and no deadlines are missed. For cases involving cross-case execution, it can be connected up.Creditor-debtor relations and enforcement case services.

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, so as to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Tian Jiayan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.