In current judicial practice, if a creditor's rights and debt dispute is brought to court and the debtor loses the case and the court's judgment is not enforced, the creditor has the right to apply to the court for enforcement. Based on the creditor's application and after ascertaining the relevant facts, the court will take measures to seal up, detain, and freeze various properties in the debtor's name, such as freezing bank accounts. So will the credit card be frozen when the court enforces it? I will give readers a detailed answer below.
1. Will the court freeze the credit card when enforcing enforcement measures? When the court enforces enforcement measures, it may freeze the credit card of the person subject to enforcement. The credit card funds of the party belong to the scope of property that can be enforced. "Civil Procedure Law" Article 242 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 right to inquire the relevant units about the deposits, bonds, stocks, fund shares and other property of the person subject to execution. The People's Court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution based on different circumstances. The property inquired, seized, frozen, transferred, and valuated 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 seize, freeze, transfer or change property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it. Article 243 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 right to withhold and withdraw the income of the person subject to execution that should fulfill the obligations. However, the necessary living expenses of the person subject to execution and his dependent family members shall be retained. When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the person's unit, banks, credit cooperatives and other units with savings business. Article 244 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, detain, freeze, auction, and sell off the property of the person subject to execution that is required to perform his obligations. However, the daily necessities of the person subject to execution and his dependent family members shall be preserved. To take the measures mentioned in the preceding paragraph, the People's Court shall make a ruling.
2. What are the conditions for applying for court enforcement? Criminal litigation is an activity in which the two parties in a dispute are in an equal confrontation position and tell the referee in a neutral position about their disputes and request the referee to resolve their disputes. In criminal proceedings, the main conditions for applying for court execution are: (1) The legal document applied for execution must have taken effect; (2) The legal document applied for execution must have enforceable content; (3) The person applying for execution must be the person specified in the legal document the right holder or right bearer; (4) the obligor fails to perform his obligations on time; (5) it falls under the jurisdiction of the enforcement court.
3. Scenarios in which the bank may freeze your credit card 1. Suspicion of cash withdrawal leading to freezing If you frequently use POS machines to make large purchases, or frequently withdraw large amounts of cash, etc., the bank will doubt your credit. . At this time, in order to avoid risks, if the bank suspects that your account is suspected of cashing out, your credit card will be frozen on the grounds of suspected cashing out. And this unfreezing is also the simplest. You need to provide the bank's recent consumption vouchers and consumption invoices. Otherwise, you will have to fight a protracted battle with the bank. 2. Multiple overdue repayments. This freezing is the stupidest thing in the eyes of the card gods. Even if you make the minimum payment, it will not be frozen by the bank. The solution is to repay the loan in full, call customer service and ask for an unfreeze. As a result, the credit limit may be reduced, but if the number of overdue payments is not many, customer service will generally unfreeze it. 3. Second-clearance POS machine set codes and code hopping. Some time ago, there were many second-clearance POS machines on the market. Due to some of them using the large merchant model, credit card consumption records were in a state of confusion. For example, if Mr. L lives in SH and makes a 100-yuan transaction at store A, the bank registration information of the second-clearance POS machine used by the other party may not be in SH, but in another city. Once Mr. L makes purchases at the Erqing POS machines of other merchants on the same day, if he encounters a similar situation, there will be records of credit card swiping in several different cities within one day. Such situations are very easy to be monitored and blocked by the bank! The easiest way to unfreeze is to file a direct complaint with UnionPay with your purchase order. To sum up, the court will freeze the credit card of the person subject to enforcement. Therefore, if there is an enforceable situation, the person who is judged to perform the obligation should actively perform the court judgment and avoid various inconveniences caused by the enforcement by the people's court.