Claim For Compensation Through Property Preservation, No Compensation For Overdue Compensation.

Our original company owed us more than 11 yuan due to poor management and serious losses.

And the company issued IOUs to us respectively.

Two months ago, as we occasionally heard that the company attempted to relocate, we were pferring funds and property. In order to avoid the difficulty of recovering their wages or even being "floats", I applied urgently to the court for pre appeal property protection and required the court to detain a car that the company is carrying, value and the equivalent of our wages.

The court immediately issued the ruling and gave the goods to us for safekeeping.

After that, we learned that we were just hearsay. We didn't need to worry so much that we never filed a lawsuit, nor did we ask the court to revoke the petition for property preservation.

Recently, the company's application for seizure of goods has led to its failure to deliver to the buyer in time, resulting in the payment of 10 thousand yuan penalty to the buyer on the basis of the contract, which requires us to bear the loss.

However, we believe that according to the facts, it is a sanction for the court to apply for the preservation of the property before the court, and not to bring a lawsuit to the court afterwards. Therefore, it is not possible to decide that the application for property preservation is wrong before proceeding, and then undertake the liability of compensation.

Will our reason be established?

Your reason can not be established, that is, it should be liable for compensation.

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"The 101st article states:" if an interested person fails to apply for preservation immediately due to urgent circumstances, his legitimate rights and interests will be irreparable damage. He may apply to the people's Court of the place where the property is insured, the place of residence of the respondent or the people's court that has jurisdiction over the case before filing a lawsuit or applying for arbitration to apply for the preservation measures.

The applicant shall provide a guaranty without providing guarantee, and shall rule to reject the application.

After accepting the application, the people's court must make a ruling within 48 hours; if the order has adopted the preservation measures, it shall immediately start the execution.

If the applicant does not initiate lawsuits or apply for arbitration within 30 days after the people's court takes protective measures, the people's court shall rescind it. "

The 160th article of the interpretation of the Supreme People's Court on the application of the civil procedure law also points out: "if a litigant brings a suit before a people's court that has jurisdiction over those other than the pre action preservative measure, the people's court adopting the pre action preservation measures shall pfer the preservation procedure to the people's court that accepts the case."

The ruling of pre litigation preservation is deemed to be a verdict pferred to the people's court. "

That is, the interested party does have the right to apply before the court.

The right must be supplemented by the "urgency of the situation" and the court proceedings.

Just because you are just hearsay, there is no such thing as a company's attempt to move, pfer funds and property, and no corresponding measures will lead to arrears of wages and even be "beat the bucket". After that, you have not exercised the right to sue in the statutory time limit, which means that you do have some impropriety, and the 105th article of the civil procedure law indicates: "if the application is wrong, the applicant should compensate the applicant for the loss suffered by the insured."

So when companies really suffer losses, you naturally take the blame.