Why is the bank card frozen? What are the methods for unfreezing bank cards?

Recently, I received a lot of legal advice on bank card freezing, and also accepted a large number of cases entrusted by customers to help customers successfully unfreeze bank cards and resume normal use. Based on this, we analyze the common causes and treatment methods of bank cards being frozen, so that everyone can deal with the above situations in a timely and effective manner.

First, the common causes of bank cards being frozen and their handling methods

(1) self-freezing

During the use of the bank card, the bank card is frozen and cannot be traded.

1. You can freeze the card by intentionally entering the wrong password three times in ATM/ online banking/mobile banking. The freezing time is generally 24 hours. How to handle it: basically, it will be unlocked automatically after 24 hours, or you can take your ID card to the counter of a bank outlet to unlock it, or you can reissue your card or reset your password.

2. The freezing time for calling the bank to report the loss orally: generally, it is 5 days, depending on the situation of each bank. How to handle it: basically, it will be unlocked automatically after 5 days, or you can take your ID card to the bank outlet counter to unlock it.

3. Take your ID card and bank card and go to the bank counter to cancel the bank card. Processing result: long-term freezing.

(2) Bank freeze

1, triggering the bank's anti-money laundering system (such as large transfer in the middle of the night, multi-person day trading, credit card cashing and other special circumstances). Generally speaking, banks will not directly freeze bank cards, but will only restrict the counter business of bank cards or "only accept and not pay", that is, suspend some trading rights of bank cards. How to handle it: contact the bank directly and provide your relevant information according to the requirements of the bank (generally explain the reasons for capital exchange).

2. The credit is overdue or the deposit account is blocked, often because the savings card or credit card is frozen due to the risk of the signing bank loans overdue or credit card. Handling method: contact the bank directly and handle it according to the requirements of the bank.

3. Under other special circumstances, if the balance is below 100 yuan for a long time, the bank card will be frozen. For example, CCB stipulates that if the bank card balance is less than 100 yuan, it will be frozen after three years, and if it is not thawed within one year after freezing, the bank card will be cancelled one year after freezing, that is, it will never be used. Handling method: Pay attention to the use of bank cards or actively handle them according to the requirements of conference banks.

(3) judicial freezing

Property preservation or enforcement measures taken by the court at the request of the applicant after a civil dispute with other subjects is brought to the court/arbitration commission or the case enters the execution stage. Freezing time: 1 year. After the expiration, the court may renew the seal at the request of the applicant. Legal basis: Article 487 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "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 ...". Treatment method:

1. If it is sealed up during the litigation property preservation stage, it may apply to the court for counter-guarantee to cancel the account, or take the initiative to mediate/reconcile with the other party, and the other party may apply to the court for cancellation of the preservation measures.

2. If the case is sealed up in the execution stage, that is, the case has been decided by the court, it is recommended to actively perform the obligations according to the court decision.

(4) public security freeze

If the bank card is frozen by the police, it means that a transaction of the bank card will be more or less related to some illegal/criminal acts. In this case, it is necessary to immediately implement the freezing reason, and then collect the corresponding evidence materials, and handle them carefully to avoid unnecessary influence. The police often freeze bank cards in the following situations, and the specific treatment plan will be elaborated later:

1, suspected of participating in criminal activities

If criminal activities are involved, the public security organs will often inquire and freeze the property of the suspects involved after filing a case for investigation. Solution: The direct consequence of criminal cases is that personal freedom will be restricted. If the case filed by the public security organ is true and a wanted order is issued, it is suggested to surrender to the public security organ after consulting a lawyer, so as to reduce the circumstances of sentencing, or entrust a lawyer to intervene in the defense as soon as possible.

2. Online gambling or buying illegal lottery tickets.

Nowadays, many people will enter various illegal gambling sites, lottery websites or download apps to gamble or buy illegal lottery tickets through mobile phone WeChat in their spare time, thinking that this may be just an entertainment activity. However, as long as "those who participate in gambling in a large amount" will violate the provisions of Article 70 of the Law on Public Security Administration Punishment: "Those who provide conditions for gambling for the purpose of making profits, or those who participate in gambling in a large amount, shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan. " For example, Beijing stipulates that "individuals who gamble above 300 yuan and are dissatisfied with 500 yuan shall be fined below 500 yuan; Those who gamble more than 500 yuan 1500 yuan shall be detained for less than five days "; Shanghai stipulates that "individual gambling funds 100 yuan or more are large gambling funds"; Hebei Province stipulates that "the gambling capital is large, which means that the personal gambling capital is above 200 yuan"; Shandong Province stipulates that "a large amount of gambling capital means that the per capita gambling capital is above 100 yuan or the gambling capital on the spot is above 400 yuan"; Shenzhen stipulates that "personal gambling funds are larger than 500 yuan"; Jiangsu Province stipulates that "those who are dissatisfied with gambling above 200 yuan 1000 yuan shall be fined below 500 yuan. Personal gambling or per capita gambling 1000 yuan but less than 3000 yuan shall be detained for less than 5 days "; ..... There is no doubt that if gambling videos and data are disseminated through the Internet and mobile communication terminals, and gambling activities are organized, such as starting WeChat group gambling or developing offline participation in online gambling or buying lottery tickets, it is also easy to be suspected of constituting the crime of opening casinos as stipulated in the Criminal Law. The second paragraph of Article 303 of the Criminal Law of People's Republic of China (PRC) stipulates: "The crime of opening a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. "So, don't touch the criminal law easily and don't participate in illegal and criminal activities.

3. Engage in virtual currency/blockchain transactions.

On October 20 19, 1 1 year 10, the People's Bank of China issued an announcement, emphasizing that the People's Bank of China has not issued a legal digital currency and has not authorized any asset trading platform to conduct transactions. "DC/EP" and "DCEP" in the market are not legal digital currency, and the legal listing date of digital currency transmitted through the Internet is inaccurate.

At present, although there are many virtual currency or blockchain trading platforms in the market, they have not been legally recognized, and the courts and public security will not protect such transactions, and the server terminals of many platforms are set up abroad. Therefore, many criminal gangs, especially telecom fraud teams, use these platforms for money laundering or transfer.

If you often engage in virtual currency or blockchain transactions, the frozen bank card is easy to receive bank funds transferred by the illegal and criminal team, and it is also easy to be frozen by the public security.

4. Receive remittances from other strange third parties.

In this case, the frozen bank card often did not participate in or engage in any illegal and criminal activities, never engaged in illegal activities such as online gambling, buying lottery tickets, and did not participate in criminal activities such as telecom fraud, but was frozen by the public security organs. Then, you need to carefully check all the recent bank transactions, especially the deposits. It is very likely that the funds transfer of suspects or platforms suspected of fraud, gambling, money laundering and other crimes caused the freezing measures of public security organs. One of our customers opened a courier station in Myanmar. A China man came to him and said that he had run out of cash and asked his friends in China to transfer money to our customer. The customer helped him to give him 30,000 yuan in cash, from which he got a cash withdrawal fee of 300 yuan. Considering that they are all from China, if they can help in a foreign country, they agreed. His so-called domestic friends were victims, but they were cheated by the telecom fraud team and transferred to our customers' accounts. There is no doubt that the bank card of the party concerned was frozen by the public security organ and almost issued a wanted order. After investigation and evidence collection, and entrusted the police in different places to make a record, the bank card was successfully thawed after deducting the money involved. Therefore, it is necessary to avoid receiving transfers from strange third parties and avoid unnecessary troubles.

Two, the legal basis and time limit for the public security organs to freeze.

1. Legal basis Article 231 of the Procedures for Handling Criminal Cases by Public Security Organs: According to the needs of investigating crimes, public security organs may inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of criminal suspects in accordance with regulations, and may require relevant units and individuals to cooperate.

2. Time limit for freezing Article 236 of the Procedures for Handling Criminal Cases by Public Security Organs states that the time limit for freezing deposits, remittances and other property is six months. The period for freezing bonds, stocks, fund shares and other securities is two years. If it is necessary to extend the time limit for special reasons, it shall go through the formalities of continuing the freezing at the public security organ before the expiration of the freezing period. The time limit for freezing deposits, remittances and other property at one time shall not exceed six months; The longest term of each renewal of bonds, stocks, fund shares and other securities shall not exceed two years. If it continues to freeze, it shall go through the freezing procedures again in accordance with the provisions of Article 233 of these Provisions. Failing to go through the freezing procedures within the time limit, it shall be deemed as automatic thawing. According to the above provisions, the public security organs can freeze personal bank accounts according to the needs of investigating crimes, and the longest freezing period is not more than half a year. You can continue to freeze before the expiration of half a year, and the freezing times are not limited. In practice, when dealing with telecom fraud or money laundering cases, public security organs can apply for immediate freezing of all relevant bank accounts for about 3 days, and review whether they are relevant within 3 days. If they are related, they will be officially frozen for 6 months.

Third, common misunderstandings after bank cards are frozen

Misunderstanding 1. Anyway, the public security organ only freezes for six months, so it will definitely be unsealed after six months. In fact, if the public security organs fail to find out whether the money is suspected of committing a crime and how to deal with it after it expires, they will often re-stamp it. Now, it is very convenient for the public security organs to seal up their accounts and renew them by operating them on the computer.

Myth 2. The public security organ said that I would clear it after I passed. If you confirm that you have never participated in illegal and criminal activities, and there is no abnormal capital exchange in the fund account, you can communicate directly according to the requirements of the public security organ. However, if it is possible to be suspected of some illegal acts or abnormal fund transactions, there may be some unfavorable situations, such as administrative detention or criminal detention.

Myth 3. Public security organs can only freeze one type of account, but not two or three types of accounts. Local public security organs have their own internal regulations on which level of bank accounts to freeze. Some public security committees can only freeze the first-level accounts, and some public security organs can freeze the fourth-level accounts.

Four, the correct handling steps after the bank card is frozen by the public security organs.

(1) Information related to freezing. If you know that the bank is frozen, you should immediately go to the bank where you opened the account to learn the detailed freezing information, and print the detailed bank statement for nearly one year. Such as freezing reason, freezing time, freezing unit, handling personnel, contact information, etc. , and try to get the bank to provide frozen written documents (photo version is also acceptable).

(2) If the bank shows that the freezing period is three days, you can wait first to see if the freezing period is lifted. It is suggested not to contact the public security organs actively for the time being.

(3) If it has not been frozen for more than three days, query the detailed bank statement and analyze the reasons for being frozen.

1. If you are suspected of participating in criminal activities and have issued a wanted order, you should consult a lawyer and surrender to the public security organ to reduce the circumstances of sentencing, or entrust a lawyer to intervene in the defense as soon as possible.

2. Anyone who has gambled online or bought illegal lottery tickets shall provide a reasonable source of money collected in the bank card, and entrust a lawyer to communicate with the public security organ to avoid the public security taking administrative detention measures.

3. If you have traded on the virtual currency/blockchain platform, don't rashly report all the transaction records of the virtual currency/blockchain platform before confirming what abnormal funds it is. At the same time, it is necessary to provide a reasonable source of funds in the bank card in a timely manner, and entrust a lawyer to communicate with the public security organ to deal with the plan.

4. After receiving the transfer from other strange third parties, first find out what abnormal fund transactions caused the freeze, and immediately communicate with the counterpart for evidence collection, provide the reasonable source of the funds in the bank card in time, and entrust a lawyer to communicate with the public security organ about the treatment plan.

Verb (abbreviation of verb) abstract

In the cases where bank cards were frozen, some were unfrozen within 7 days after accepting the entrustment, some were unfrozen within 3 months after accepting the entrustment, and some were unfrozen by the bank itself after the team communicated with the public security organ and submitted the application materials for unfreezing. But without exception, it is often necessary to actively communicate with the public security organs and cooperate with the submission of materials, or cooperate with the public security organs in handling cases involved in other ways. Otherwise, we can only wait for the public security organs to take the initiative to find out whether to unfreeze according to the situation. However, such gambling fraud cases involve a large number of people, and the processing cycle is generally long, and the waiting time is unknown. Therefore, when the bank card is frozen by the public security organ, it is suggested to actively communicate and deal with it as soon as possible, or entrust a professional lawyer to intervene.