Pre-Judgment Asset Preservation

Pre-Judgment Asset Preservation

Urgent pre-filing and post-filing property preservation measures to freeze debtor assets in China and prevent dissipation during enforcement proceedings.

Contact us

Property preservation is often the decisive step in successful enforcement. Our practice includes:

Pre-Filing Preservation (诉前财产保全)

  • Urgent applications where the creditor can demonstrate imminent risk of asset dissipation
  • 48-hour court turnaround in most jurisdictions
  • Security arrangements (担保) — cash deposits, insurance bonds, or bank guarantees
  • Coordinated multi-jurisdiction filings

Post-Filing Preservation (诉中财产保全)

  • Applications filed concurrently with the recognition and enforcement petition
  • Broader scope of attachable assets
  • Ongoing monitoring to identify newly discovered assets

Preservation Target Types

  • Bank account freezes — most effective given China’s centralized banking system
  • Real property attachment — prevents transfer or encumbrance
  • Equity interest preservation — blocks share transfers in Chinese companies
  • Receivables garnishment — attaches amounts owed to the debtor by third parties
  • Vessel and aircraft detention for maritime and aviation matters

Strategic Considerations

  • Assessing whether the preservation application should precede or accompany the main filing
  • Calculating the appropriate security amount
  • Coordinating timing across time zones for maximum effect