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How to terminate the process when the funds are frozen by the court?
When the court freezes funds, the dissolution procedure needs to follow the following steps:
1. Check the freezing notice of the court: First of all, you need to read the freezing notice issued by the court carefully. The notice shall contain important information such as the reason, amount and duration of the freeze. Make sure you understand the content and restrictions of the notice.
2. Seek legal aid: If you have any objection to the freezing or need legal aid, I suggest you seek the help of a professional lawyer. Lawyers can give you legal advice and provide guidance during the thawing process.
3. Objection: If you think the freezing is wrong or illegal, you can object to the court. Submit a written application within the prescribed time limit, detailing your reasons and evidence. The court will examine your application and decide whether to lift the freeze.
4. Provide guarantee or unfreeze: In some cases, you can provide corresponding guarantee for unfreezing. The guarantee can be cash, real estate or other valuables. If the court accepts your guarantee, they may lift the freeze.
5. Reach an agreement with creditors: If the freezing is caused by debt, the debt problem can be solved through consultation with creditors. By reaching an agreement, the creditor may agree to lift the freeze and allow you to pay as agreed.
6. Waiting for the court's decision: Finally, you need to wait patiently for the court's decision. The court will review your application or negotiation results and make a decision to lift the freeze. Please note that due to the workload of the court, the time for lifting the freeze may be delayed.
Please note that the above steps are for reference only and cannot replace legal advice. According to the specific situation, I suggest you consult a professional lawyer to get more accurate legal advice and guidance.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law (202 1 amendment);
Part III Execution Procedures
Chapter XXI Implementation Measures
Article 250 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained. When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.
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