If the parties fail to perform the effective judgment of the people's court, the people's court may take compulsory measures such as sealing up, distraining and freezing. Generally, it is necessary to notify the bank to freeze, and the bank will freeze. So, how does the court freeze the bank card? Today, Bian Xiao has compiled the following contents to answer your questions, hoping to help you. Freezing the defendant's bank card refers to the compulsory measures taken by the people's court to prohibit the defendant's deposits in banks, credit cooperatives and other financial units from being withdrawn or transferred. According to the law, the court shall serve a civil ruling on the Notice of Assistance in Execution to the bank. After receiving it, the bank shall not pay or transfer money to the frozen depositors. Otherwise it will be handled by the court. The maximum period for freezing deposits is six months. If it is necessary to continue to freeze deposits, the court shall go through the formalities of extending the freezing at banks and credit cooperatives before the expiration of the freezing period. Otherwise, if it is not handled within the time limit, it will be regarded as automatic thawing. Article 29 of the Supreme Court's Provisions on the Seizure, Seizure and Freezing of Property in Civil Execution of the Court stipulates that the time limit for the people's court to freeze the bank deposits and other funds of the person subjected to execution shall not exceed six months, the time limit for the seizure and seizure of movable property shall not exceed one year, and the time limit for the seizure, seizure of real estate and freezing of other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations. If the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of sealing up, distraining and freezing before the expiration of the time limit for sealing up, distraining and freezing, and the extension period shall not exceed half of the time limit specified in the preceding paragraph. Article 30 If the time limit for sealing up, distraining and freezing expires and the people's court fails to go through the extension formalities, the effectiveness of sealing up, distraining and freezing shall be extinguished. If the seized, detained or frozen property has been auctioned, sold or paid off, the effectiveness of the seizure, detention and freezing shall be extinguished. Article 31 In any of the following circumstances, the people's court shall make a ruling to lift the seizure, seizure and freezing, and serve it on the application executor, the person subjected to execution or the outsider: (1) Seizing, seizing and freezing the property of the outsider; (2) The application executor withdraws the application for execution or waives the creditor's rights; (3) The property that has been sealed up, detained or frozen cannot be auctioned or sold, and the applicant for enforcement and other enforcement creditors do not agree to accept the settlement; (4) The debt has been paid off; (five) the person subjected to execution provides a guarantee and applies for the consent of the person subjected to execution to lift the seal-up, seizure or freezing; (6) Other circumstances in which the people's court considers that the seizure, seizure and freezing should be lifted. According to the law, the court shall serve a civil ruling on the Notice of Assistance in Execution to the bank. After receiving it, the bank shall not pay or transfer money to the frozen depositors. Otherwise it will be handled by the court. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
Legal objectivity:
Article 249 of the Civil Procedure Law of People's Republic of China (PRC) * * * If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle. Article 251 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.