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Will the bank card be frozen immediately after receiving the court enforcement notice?
If the court needs to freeze personal accounts, it is usually because of economic disputes. The freezing of an account by the court has nothing to do with whether there is money in the account.
First, what should I do if I am sued for owing money and really have no money?
The solution to being sued for owing personal money is as follows:
1, you can apply for mediation.
2. Negotiate with the other party to pay off the debts in installments.
3. If there is property available for execution under the name, the court will execute the property under the name.
Try to make money legally. If it is enforced, the court will restrict consumption and the court will monitor bank accounts. Once it is found that the money is not returned, it will be prosecuted for "refusing to implement the court ruling", will go to jail, and will freeze interest-bearing assets. "
Second, what should I do if the untrustworthy person can't afford it for a lifetime?
The people's court shall delete the relevant information from the list of people who have lost their trust and are unable to bear it for life, but in any of the following circumstances:
1, the person subjected to execution has fulfilled the obligations specified in the effective legal document or the people's court has completed the execution;
2. The parties have reached an execution settlement agreement, which has been fulfilled;
3. The application executor applies in writing to delete the untrustworthy information, and the people's court examines and agrees;
4. After the execution of the program, the property of the person subjected to execution is inquired more than twice through the network execution inspection and control system, and no property available for execution is found, and the applicant executor or others fail to provide effective property clues;
5, due to trial supervision or bankruptcy proceedings, the people's court ruled to suspend the execution of the person who has lost his trust;
6, the people's court ruled not to execute;
7. The people's court ruled to terminate the execution according to law.
3. If a bank card is frozen by a court order, it will be frozen, and non-economic disputes will generally not be frozen.
1. If it is enforced, it can be taken out; It is generally frozen and cannot be taken out.
2. The freezing of the court is mainly due to the intervention of the court, and it is estimated that the customer has disputes. If it is lifted, it will have to wait for the court's decision. Then it will be lifted. The court will not directly deduct the money.
3. If it is frozen in the course of litigation, it belongs to preservation and cannot be forcibly transferred; If the judgment is frozen during its execution after it takes effect, it may be forcibly transferred.
Enforcement:
The people's court shall, in accordance with legal procedures, use the state's coercive power, and specify specific implementation contents according to legally effective documents to force civil obligors to perform their obligations and ensure the realization of creditors' rights.
The legally effective documents include, but are not limited to, civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, and payment orders. Once it takes effect, the debtor shall perform it automatically. Refuses to perform, the creditor may apply to the people's court for compulsory execution. The right holder who files an application is called the applicant, and the person named to perform the obligation is called the person subjected to execution.
Enforcement:
The people's court shall, in accordance with legal procedures, use the state's coercive power, and specify specific implementation contents according to legally effective documents to force civil obligors to perform their obligations and ensure the realization of creditors' rights.
The legally effective documents include, but are not limited to, civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, and payment orders. Once it takes effect, the debtor shall perform it automatically. Refuses to perform, the creditor may apply to the people's court for compulsory execution. The right holder who files an application is called the applicant, and the person named to perform the obligation is called the person subjected to execution.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 242 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.
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