In recent days, the new term judicial freeze has been widely mentioned by netizens. Judicial freezing actually means that the court freezes and seizes bank cards for various reasons. So, what are the consequences if a bank card is judicially frozen? Today, I have compiled the following content to answer your questions. I hope it will be helpful to you. What are the consequences if a bank card is judicially frozen? "After the court adopts freezing and deduction measures, it will leave a credit record in the bank. This will have a certain impact on future large-amount personal loans and other businesses. The main factors that may affect personal credit risk scores are: late repayments in loans, or credit card overdrafts Failure to repay within the agreed time limit and repayment amount, or having too many loan accounts and credit cards.” 1. What is a judicial freeze? Judicial freezing is a new law enforcement power in the revision of the new Securities Law. Granting certain quasi-judicial powers to securities regulatory agencies is one of the important contents of this revision of the Securities Law. One of the most important enforcement tools is the power of freezing and seizure. Most countries or regions have given the securities regulatory authorities the necessary administrative enforcement powers to take necessary enforcement measures in supervision. 2. What are the main objects of judicial freezing and seizure? According to Article 180, Paragraph 6 of the new Securities Law, the securities regulatory authorities have the power to freeze and seize illegal funds, securities and other property involved in the case, as well as important evidence of the parties involved. Mainly include: funds and deposits in the party's capital account and bank account; securities in securities accounts; movable properties (such as office equipment), real estate (such as houses), specific movable properties (such as cars) and other property rights (such as equity); It has a significant impact on the investigation of the case, plays a key role in the characterization of the case, and is irreplaceable or unique important evidence. In order to protect the legitimate rights and interests of the parties, it is not completely helpless for the parties to be frozen or sealed. Multi-channel relief measures have been set up. If the parties concerned have the right to make statements and defences, the executive shall listen and record them; after the account is frozen, if the securities holder requests to sell part or all of the frozen securities, it shall be deemed necessary after review. , some or all of the frozen securities can be unfrozen; if the parties provide corresponding guarantees, the freezing and sealing measures can be lifted with the approval of the person in charge of the China Securities Regulatory Commission; if the parties are dissatisfied with the freezing or sealing decision, they can apply to the China Securities Regulatory Commission for administrative reconsideration in accordance with the law . 3. Judicial freezing is first of all to solve the problems of who applies, who reviews, who decides, who executes, and who supervises, and strictly stipulates the implementation steps for freezing, sealing, and restricting securities transactions by the securities regulatory authorities. Each link is relatively independent, each responsible for its own responsibilities, and division of labor and collaboration ensure 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 assisting enforcement units of their respective rights, obligations and cooperation responsibilities, and improve the implementation efficiency of relevant measures. According to legal provisions, when the China Securities Regulatory Commission discovers that a party involved in any of the following circumstances has any of the following circumstances when investigating, hearing, or enforcing illegal securities cases, it may take freezing or sealing measures: first, transferring or concealing illegal funds, securities, and other property involved; second, It is possible to transfer or conceal illegal funds, securities and other property involved in the case; third, important evidence has been concealed, forged or destroyed; fourth, it is possible to conceal, forge or destroy important evidence; fifth, there are other circumstances that require timely freezing and sealing. Based on the above, we can know that judicial freezing is the job of the court, not the bank. However, after your bank card is frozen by the judicial authority, the money in the bank card cannot be transferred and used. After the review is completed, the parties may request the court to unfreeze and unblock the case. If you still have questions, the website also provides online lawyer consultation services. We welcome your legal consultation.
Legal objectivity:
Article 249 of the Civil Procedure Law of the People's Republic of China* * *The person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice , the people's court has the right to inquire into the deposits, bonds, stocks, fund shares and other properties of the person subject to execution. from relevant units. The people's court has the power to seize, freeze, transfer or change the property of the person subject to execution according to different circumstances. The property inquired, sealed, frozen, transferred or changed in value by the people's court shall not exceed the scope of the obligations that the person subject to execution shall perform.
When the people's court decides to seal, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it. "Civil Procedure Law of the People's Republic of China" Article 251: If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the power to seal up, seize, freeze, auction or sell off the obligations that the person subject to execution should perform. property. However, the daily necessities of the person subject to execution and his dependents shall be retained. To take the measures mentioned in the preceding paragraph, the People's Court shall make a ruling.