In many economic cases, if the source of the defendant's assets is unknown or plays a vital role in the case, the court will freeze the party's bank card. Then, what if the bank card of the court is frozen? Next, Bian Xiao of the website compiled some knowledge about this for everyone. Welcome to read and understand! . . 1. What if the bank card of the court is frozen? 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people's court to prohibit the defendant's deposits in banks, credit cooperatives and other financial units from being withdrawn or transferred.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. 2. Under what circumstances will the court freeze the bank card? 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. 3. What are the circumstances in which the bank card will be frozen? There are many reasons why your bank card is frozen, including bank behavior, judicial behavior, and of course your bad behavior. Details are as follows: 1. Your bank card is a credit card (debit card). If it is frozen, it may be that your credit card has undergone abnormal transactions, such as malicious cash withdrawal, forged information, and continuous password errors. Your bank card may be frozen. 2. For overdrawn bank cards, the bank will set an overdraft share for you according to your actual repayment ability. When your overdraft exceeds your share, the bank will freeze your bank card immediately. Your bank card is a debit card. If it is frozen, it will be frozen in the wrong account, that is to say, the bank mistakenly gave more money to your account during the transaction, so the bank may freeze the part that was given to you. The first is the judicial freeze. According to the relevant provisions of the law, the judicial organ may apply to the bank for freezing your bank card because of the need of handling a case. At the same time, customs, tax authorities and other departments also have the right to freeze. 4. No matter what kind of bank card, if you make mistakes three times in a row, the banking system will automatically lock your bank card password, which is similar to freezing, but not freezing. It will be released automatically after 24 hours. If you don't apply for a new card when your bank card expires, the bank will freeze your expired bank card after it expires. 6. If your bank card reports the loss several times in a row, it will be frozen because the bank thinks it is suspected of malicious loss reporting. Bank cards can be frozen for up to six months. During this six-month period, both parties shall not handle any business in the bank. However, if the court does not continue to freeze after 6 months, the bank card will be unfrozen by itself. If your situation is more complicated, the website also provides online consultation service for lawyers, and you can have legal consultation.
Legal objectivity:
Article 244 of the Civil Procedure Law stipulates that 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 if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution. 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.