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My bank card was frozen without receiving the court's enforcement notice. Is this legal?
According to Article 243rd of the Civil Procedure Law, 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 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.
In the practice of execution, withholding the income of the person subjected to execution is an execution measure often used by people's courts.
Detention and revocation are two closely related compulsory measures. Seizure is a temporary measure, which temporarily detains the income of the person being executed, stays in the original unit, and may not be used or transferred to urge him to fulfill his obligations within a time limit.
If it fails to perform within the time limit, the proceeds can be extracted and delivered to the application executor.
Paragraph 1 of Article 248 stipulates: "If the person subjected to execution fails to perform the obligations specified in the legal documents and conceals property, the people's court has the right to issue a search warrant to search the property of the person subjected to execution and his residence or hiding place."
If, during the search, property that should be sealed up or detained according to law is found, the person subjected to execution shall seal up or detain it in accordance with the provisions of the Civil Procedure Law. If it is too late to make a ruling on seizure or detention, it may be sealed up or detained first and reissued within 48 hours.
If a judgment, ruling, conciliation statement or other legal document of the people's court specifies one party to deliver property or tickets, the executor shall, on the basis of doing a good job in the ideological work of the person subjected to execution, summon both parties to appear in court or go to the designated place, and the person subjected to execution will directly deliver the property or tickets delivered by the legal document to the applicant for signature.
If the respondent is unwilling to deliver it in person, it may also hand over the property or ticket payable to the person subjected to execution first, and the person subjected to execution will hand it over. The people's court shall notify individual citizens other than the parties to surrender their property or tickets.
If the people's court refuses to hand it over after education, it will enforce it according to law, and may impose a fine in accordance with the provisions of Article 1 14 of the Civil Procedure Law, or suggest the supervisory organ or relevant units to give disciplinary action.
If the relevant units hold property or tickets, the people's court shall issue a notice of assistance in execution to them, which shall be handed over by the relevant units. The people's court may order the holder to pay compensation if the property or ticket specified in the legal document is damaged or lost due to the fault of the holder.
If the party concerned refuses to pay the compensation, the people's court may order enforcement according to the actual value of the property or the actual value of the bill.
Extended data:
Double payment of debt interest during the period of delay in performance means that the respondent's obligation is to pay money, and at the same time, the debt interest during the period of delay in performance should be doubled on the basis of the original debt interest and paid at the highest interest rate of bank loans during the same period.
It shall be counted from the day after the expiration of the service date determined by the judgment, ruling and other legal documents to the date when it performs its obligations. Another situation is that the respondent fails to perform the obligation of non-monetary payment within the period specified in the judgment, ruling or other legal documents.
Because the delay in performance has caused losses to the applicant executor, the payment for delay in performance should be paid. The amount of overdue fine may be decided by the people's court according to the specific circumstances of the case.
The notice of execution issued by the people's court in accordance with Article 240th of the Civil Procedure Law shall not only order the respondent to perform the obligations specified in the legal documents.
In accordance with the provisions of Article 253 of the Civil Procedure Law, the respondent shall be notified to pay interest on the debt or delay in performance. In these two measures, there are both compensation for the loss of the applicant executor and sanctions against the applicant executor.
Article 25 1 stipulates: "In the process of implementation, if it is necessary to go through the formalities of transfer of property right certificates, the people's court may issue a notice of assistance in implementation to the relevant units, and the relevant units must handle it.
National People's Congress: People's Republic of China (PRC) Civil Procedure Law
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