Compulsory measures taken to restrict the flow of property involved in the case in order to prevent the wrongdoer from transferring funds or withdrawing funds. This is what we call freezing assets in our daily life. So, can the court freeze the bank card? The court can only freeze the bank cards of litigants in accordance with legal procedures, and cannot freeze other people's bank cards at will, let alone those unrelated to the case. Relevant laws stipulate that according to Article 21 of the Supreme Court's Provisions on Seizure, Seizure and Freezing of Property in Civil Execution of the Court, the seizure, seizure and freezing of the property of the person subjected to execution shall be limited to the amount sufficient to pay off the creditor's rights and execution expenses determined in legal documents. If the amount obviously exceeds the standard, it shall not be seized, seized or frozen. Therefore, if there is still 10% deposit in your frozen card, the court cannot freeze your other bank cards in principle. 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. Therefore, the period for freezing an account is generally six months, and the applicant may also apply for an extension according to the above-mentioned legal provisions. You can provide corresponding guarantee to unfreeze the account, or ask the customer to take the initiative to repay to unfreeze your frozen account. One of the most important law enforcement means of judicial freezing is the right to freeze and seal up. As the provisions of law enforcement procedures, the Implementation Measures are mainly reflected in two aspects: First, it solves the problems of who applies, who examines, who decides, who executes and who supervises, and strictly stipulates the implementation steps of the securities regulatory authorities to freeze, seal up and restrict securities transactions. Each link is relatively independent, with its own responsibilities and division of labor, which ensures the standardization of the law enforcement process. The second is to unify the content and format of law enforcement documents such as applications, decisions and notices. , inform the parties and assist the enforcement unit of their respective rights, obligations and responsibilities, improve the efficiency of the implementation of relevant measures. According to the law, when investigating, hearing and executing illegal securities cases, the CSRC may take measures of freezing and sealing up if it finds that the parties have one of the following circumstances: First, transfer or conceal illegal funds, securities and other property involved; Second, it is possible to transfer or conceal illegal funds, securities and other property involved; Third, important evidence is concealed, forged or destroyed; Fourth, it is possible to conceal, forge or destroy important evidence; Fifth, other situations that need to be frozen and sealed up in time. The Measures specify in detail what is important evidence and what circumstances can be transferred, concealed, forged or damaged.
Legal objectivity:
Article 31 of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution of People's Courts is under any of the following circumstances, the people's court shall make a ruling to lift the attachment, seizure and freezing, and serve it on the applicant, the person subjected to execution or the outsider: (1) Attachment, seizure and freezing of the property of the outsider; (2) The application executor withdraws the application for execution or waives the creditor's rights; (3) The sealed-up, seized or frozen property cannot be auctioned or sold, and the application executor and other enforcement creditors do not agree to accept the repayment of debts, and other enforcement measures cannot be taken for the property; (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. Where the seal-up, seizure or freezing of registration is cancelled, a notice of assistance in execution shall be issued to the registration authority.