1. Need to file a case with the court and apply for litigation property preservation at the same time.
The judge will inform you to pay the guarantee fee and the preservation fee.
3. The court will make a ruling on whether to agree to litigation preservation within 48 hours.
The court will send a judge and a clerk (there must be two) to go to the bank with you as a guarantee. I need the identity cards and law enforcement certificates of these two executives, the court's judgment notice, and the notice of freezing accounts issued by them.
5. You need to provide the other party's bank account number and ID number, and also write a letter of guarantee to ensure that you will bear legal responsibility for the consequences.
In cases involving property disputes, in order to prevent one party from transferring property, the other party has proposed property preservation, and if it meets the requirements after examination by the court, the bank account may be frozen. Like divorce cases.
In non-property dispute cases, if the property in the account exists together and the amount can be used as evidence, one party may freeze the bank account if it meets the requirements after the court review. For example, cases where the source of huge amounts of property is unknown.
If the bank account frozen by the court has fulfilled its corresponding obligations, it can be unfrozen, and the plaintiff and the court can be urged to unfreeze as soon as possible, otherwise the freezing time will expire (generally 6 months, with a maximum delay of 3 months) and naturally unfrozen.
legal ground
The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)
Article 485 The time limit for the people's court to freeze the bank deposits of the person subjected to execution shall not exceed one year, the time limit for sealing up or distraining movable property shall not exceed two years, and the time limit for sealing up immovable property and freezing other property rights shall not exceed three years.
Where the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of continuing the seizure, seizure and freezing before the expiration of the time limit, and the extension period shall not exceed the time limit specified in the preceding paragraph.
The people's court may also handle the formalities of continued sealing up, seizure and freezing ex officio.
People's Republic of China (PRC) Civil Procedure Law
Article 249 If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.