If there is no preservation of the lawsuit, the bank account will be frozen after the judgment is effective and applied for execution. This time usually takes about six months. If a creditor applies for property preservation by the People's Court before litigation, or applies for property preservation by the People's Court during litigation, the People's Court will freeze the account of the debtor within 48 hours after accepting the preservation application.
Generally speaking, if the person subject to execution applies for a new bank card, the court will immediately discover it, unless the user has repaid the amount subject to execution in accordance with the law. Otherwise, if the old card does not have enough money, as soon as the user opens a new card, the court will immediately discover it, including the amount in the card. The court will decide whether to freeze the new card based on the circumstances.
1. Can I still pay back my credit card after it is frozen?
You can still repay your credit card after it is frozen. After the credit card is frozen, the repayment function is normal and users can repay normally. And even if the credit card is frozen, the user must repay according to the specified time. As long as the repayment is not done on time, the bank will treat the user as overdue. Moreover, when the freeze is due to overdue payment, the user is even more required to repay. If the overdue balance is not paid off, the freeze on the credit card will not be lifted. In addition, after the credit card is frozen and the user pays off the overdue balance, the recovery time of the credit card is not fixed. The sooner the overdue balance is paid off, the better for the early recovery of the credit card.
2. Will the credit card of the person subject to enforcement for breach of trust be frozen?
There are two situations:
1. Money owed to financial institutions or individuals will be frozen. The court can directly transfer all the cash in the bank cards in that person's name. Payment to creditors or other institutions.
2. If the bank card is included in the list of dishonest persons subject to enforcement due to credit reasons, the bank card will not be frozen. But it has a big impact.
3. How to handle the judicial freezing of bank cards
The handling methods of judicial freezing of bank cards are as follows:
1. Before the plaintiff files a lawsuit or during the lawsuit, Apply to the court to take property preservation measures, and the court will freeze the defendant’s bank deposits in accordance with the law. In this case, the defendant can provide corresponding property guarantee and the court will lift the freeze on bank deposits;
2. The defendant refuses to fulfill the court's judgment, and the court will freeze its bank deposits in accordance with the law during the execution procedure. In this case, the obligations determined by the judgment or other legal documents must first be fulfilled before applying to the court to lift the freeze.
After the court freezes the bank card, it will leave a credit record in the bank, which will affect future personal processing of large loans and other businesses.
The court does not need to notify in advance when freezing, and can directly freeze the bank account. Therefore, it is a compulsory measure when executed, and there is no need to seek the opinions of the person subject to execution. If it is believed that notifying the person subject to execution in advance may result in the failure of execution, the court may notify the person subject to execution after implementing the enforcement measures. However, according to regulations, the time for the court to freeze the bank deposits and other funds of the person subject to execution cannot be longer than half a year, the time for sealing up or detaining movable property cannot be longer than one year, and the time for sealing up real estate or freezing other property rights cannot be longer than two years. Unless otherwise specified.
Legal basis:
"Regulations of the Supreme People's Court on Seizing, Detaining and Freezing Property in Civil Execution by People's Courts"
Article 21 Seizing, The property of the person subject to execution shall be seized or frozen to the extent that its value is sufficient to pay off the creditor's rights and execution expenses specified in the legal document. The property shall not be seized, seized, or frozen if the amount is obviously in excess of the limit. If it is discovered that an amount in excess of the standard has been sealed, detained, or frozen, the people's court shall, based on the application of the person subject to execution or ex officio, promptly lift the seizure, seizure, or freezing of the property exceeding the specified amount, but the property is indivisible and the person subject to execution has no right to do so. Except for other assets available for execution or other assets that are insufficient to pay off the debt.
Article 33: If a financial institution unfreezes the funds frozen by the people's court without authorization, causing the frozen funds to be transferred, the people's court has the right to order it to recover the transferred funds within a time limit. If it fails to recover within the time limit, it shall be ruled that the financial institution shall bear liability to the person applying for execution with its own property within the scope of the transferred money.
Article 37: If the relevant unit pays the person subject to execution or other persons without authorization after receiving the notice from the People's Court to assist in the enforcement of the income of the person subject to execution, the People's Court has the right to order it to recover within a time limit; if it exceeds the time limit, If the amount is not recovered, it shall be ruled to bear liability to the person applying for execution within the amount paid.
Article 487 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" shall not freeze the bank deposits of the person subject to execution for more than one year. The period for seizing movable property shall not exceed two years, and the period for sealing up real estate and freezing other property rights shall not exceed three years. If the person applying for execution applies to extend the time limit, the people's court shall handle the renewal procedures for sealing, detaining, and freezing before the expiration of the sealing, detaining, and freezing period, and the renewal period shall not exceed the period specified in the preceding paragraph. The People's Court may also handle the continuation of sealing, seizure, and freezing procedures in accordance with its authority.