Should the judiciary hold a court session or freeze the bank card first?

Judicial freezing bank card process:

First of all, the court can freeze the bank account of the person subjected to execution or the potential person subjected to execution by applying, that is, freeze the bank account of the person subjected to execution according to the application of one party before or during the litigation, so as to ensure that the case can have property for execution. However, the applicant who applies for freezing before litigation should provide a guarantee before the court can freeze it. If you apply for freezing in litigation, you can provide guarantee or not, and the general court will ask for guarantee to reduce the execution risk of the court.

Secondly, the court can freeze the bank account of the person subjected to execution or the potential person subjected to execution through authorization, that is, during the execution of the litigation case, the court takes the initiative to freeze the bank account of the person subjected to execution according to its own functions and powers, so as to ensure the smooth execution of the case and the timely delivery of the execution money.

Thirdly, the court freezes the bank card account of the person subjected to execution, which only freezes the money in the bank account, that is, once the bank card account is frozen by the court, it can only collect money, but not pay, and the balance can only be increased, but not decreased. This is part of the court freezing bank card accounts.

At the same time, if the court freezes the bank card account according to the application of the parties, the materials to be provided include the application form, property guarantee (guarantee provided) equivalent to the execution amount, a copy of the ID card, identity information of the person subjected to execution, etc. , and submit a written application to the court for review. In general, freezing is completed within 7 days in case of emergency, and within 48 hours in case of emergency.

In addition, if a party applies to freeze the bank account of the person subjected to execution before litigation, it shall inform the applicant, and the applicant shall file a lawsuit within the specified time after freezing. If no prosecution is initiated within the time limit, the court shall lift the measures to freeze the bank account of the person subjected to execution.

In addition, if the court freezes the bank account of the person subjected to execution, it shall issue a ruling to the applicant, the person subjected to execution and the bank to which the person subjected to execution belongs, so that the bank can assist in implementing the freezing measures and notify the court in time.

Finally, if the bank card account of the person subjected to execution has been frozen by other courts, it cannot be frozen again, and he can only apply to join the execution procedures that have been frozen by other courts, get the execution distribution, and safeguard the legitimate rights and interests of the applicant.