How long does it take to freeze the other account?
Regarding the freezing of accounts after filing a case, as long as the plaintiff applies, the court will freeze the deposits in the defendant's bank account after filing a case.
Article 100 of the Civil Procedure Law The people's court may, on the application of the other party, order the property to be preserved, order it to do certain acts or prohibit it from doing certain acts when the judgment may be difficult to execute or cause other damage to the parties. If the parties do not apply, the people's court may also order the adoption of preservation measures when necessary.
How long can the court freeze personal bank accounts?
Relevant provisions on seizure, seizure and freezing of property in civil execution by the court:
The people's court shall not freeze the bank deposits and other funds of the person subjected to execution for more than six months, seal up or detain movable property for more than one year, seal up immovable property for more than two years, and freeze other property rights for more than 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.
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.
Under 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 an outsider:
(a) sealing up, distraining 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. Where the seal-up, seizure or freezing implemented by cancellation of registration is carried out, a notice of assistance in execution shall be issued to the registration authority.
According to the latest judicial interpretation of the Civil Procedure Law, the longest period of freezing deposits is 1 year, the longest period of sealing up movable property is 2 years, and the longest period of sealing up frozen real estate and other property is 3 years, which can be extended according to the original period after expiration.
First, the provisions of previous judicial interpretations on the freezing period of seizure
According to the first paragraph of Article 29 of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property by People's Courts in Civil Execution (Fa Shi [2004]15), "The time limit for people's courts to freeze bank deposits and other funds of the person subjected to execution shall not exceed six months, the time limit for attachment and seizure of movable property shall not exceed one year, and the time limit for attachment, seizure of real estate and freezing of other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations. " . According to this regulation, the freezing period of bank accounts (deposits) is only six months, the sealing period of movable property is one year, and the freezing period of general property is two years.
According to the second paragraph of this article, "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." After the first round of implementation measures expires, the renewal period is three months, six months and one year respectively.
This provision has been criticized in practice. Because it is generally impossible to complete the trial and execution procedures of the case within the above-mentioned time limit. After the expiration of the enforcement measures, the enforcement judge has to go through the formalities of renewal, freezing and withholding every three months, six months and one year after the parties apply in advance, which wastes a lot of judicial resources. In cases involving execution in different places, this situation makes the execution judge miserable (in fact, it is also a great burden for the applicant). Even so, some people think that this is the best result that the Supreme Court has won in the game with other departments.
Two, the latest judicial interpretation of the provisions of the freezing period
According to the first paragraph of Article 487 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC) (Fa Shi [2065438+05] No.5), which came into effect on February 4, 20 15, "The time limit for the people's court to freeze the bank deposit of the person subjected to execution shall not exceed one year, and the time limit for sealing up and detaining the movable property shall not exceed two years. The longest period of freezing deposits (accounts) can be one year, the longest period of sealing up movable property can be two years, and the longest period of freezing other property (such as real estate and equity) can be three years.
According to the second paragraph of this article, "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 the time limit specified in the preceding paragraph." There is no restriction that the renewal period shall not exceed half of the period specified in the preceding paragraph, that is, the renewal period may remain unchanged.
The above is an introduction to the relevant content, do you understand? If you have other legal problems, you can call or click on the website of Guangdong Zhiming Law Firm/contact Wangtengfeng to file a lawsuit.