If the bank card is found to be frozen during the transfer process, you should immediately notify the cooperative customer to stop remittance to the account by telephone, WeChat and other contact information and change the payment method as soon as possible.
Because after the bank card is frozen, there will be a state that the card only accepts and does not pay. If there is still money remitted to your bank account, it may lead to more funds being frozen and more passive.
Step 2: Check the freezing information.
Step 4: Cooperate with the public security investigation.
After fully understanding with the case-handling organ and the case-handling personnel, the public security organ will ask you to provide materials and communication according to the case situation. You need to prove that the money involved is your legitimate business income and "stolen money" obtained without knowing it. Money will not be recovered if the transferee doesn't know it after entering the market.
If you can't objectively provide relevant materials to cooperate with the investigation, such as the relevant materials have been lost or not kept well, and it is difficult to cooperate with the investigation in other places due to the epidemic situation, the public security organs are likely to continue to freeze after the expiration of the freezing period until the case-handling organs detect the case themselves or you cooperate with the investigation.
If it is determined that the money involved has nothing to do with you, they will give some feedback according to different handling methods and different cases of local public security systems.
For example, some can only freeze the funds involved, and some places directly unfreeze accounts or all accounts under their names; Some will strictly demand to solve the case or withdraw the lawsuit before thawing; Some of them will be confirmed as belonging to the victim or wrongly sealed according to the materials submitted by you, and it usually takes about one month to unfreeze according to internal procedures.
If you are in a hurry, you can also ask a lawyer to write an emergency thawing application. Theoretically, as long as the local public security bureau can directly decide to freeze and unfreeze, we can also communicate with the police in a friendly way according to the actual situation.
Step 6: Unfreeze the complaint.
Procedures for handling criminal cases by public security organs
Article 247 If it is found that the frozen property is really irrelevant to the case, it shall notify financial institutions and other units to lift the freeze within three days, and notify the owner of the frozen property.
Article 196 If a party, defender, agent ad litem or interested party commits any of the following acts against the public security organ and its investigators, it has the right to appeal or accuse:
(3) Take measures of sealing up, distraining and freezing the property irrelevant to the case;
(four) the seizure, seizure and freezing should be lifted;
(5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations.
The public security organ that accepts the complaint or accusation shall conduct investigation and verification in time, make a decision on handling the complaint or accusation within 30 days from the date of receiving it, and give a written reply to the complainant or accuser. If the public security organ and its investigators are found to have one of the above acts, they should be corrected immediately.
If you communicate with the case-handling organs and case-handling personnel and actively cooperate with the investigation, it will prove that the funds are legal. When the freezing measures are lifted according to laws and regulations, but there is still no response, or the freezing has not been lifted, a complaint can be made:
1. Complain to the complaint department of the public security organ.
Every local public security organ will have a complaint department, which is specialized in handling complaints against case-handling organs and police officers who violate the law. You can complain to these departments and ask the public security organs to supervise the case handlers to handle cases according to law and lift the illegal freezing measures according to law. For example, the police inspector detachment of the Municipal Public Security Bureau or the police inspector corps of the Provincial Public Security Department.
2, the investigation and supervision of the procuratorial organs against the complaint department.
Every procuratorate has a complaint department, which has the function of investigation and supervision. The so-called investigation supervision is to supervise the investigation behavior of public security organs. If the investigation is illegal, the procuratorial organ has the obligation to supervise the law and correct it. Therefore, it is illegal for the public security organ to freeze your bank card, which is an illegal investigation case. You can lodge a complaint with the procuratorial organ at the same level, asking for supervision and correction of the illegal investigation behavior of the public security organ.
To sum up, if your bank card is frozen because you or your relatives are suspected of violating the law, and it is impossible to evaluate the handling method and predict the consequences, it is recommended to consult a professional lawyer for analysis and handling. If you can't provide the materials required by the public security organ or the cooperation plan is beyond the tolerance range, you can entrust a lawyer to handle it according to law, and protect your legitimate rights and interests when unfreezing the bank card to the maximum extent.