1. A successful case of unfreezing a bank card frozen for 6 months?
Unfreeze of written materials
Zhang San has been operating an online store selling jewelry for many years. Zhang San’s Alipay and WeChat are both bound to the same ICBC card. In July 2021, Zhang San found that Alipay and WeChat could not recharge through the ICBC card, so he went to the bank counter for consultation. The bank counter staff told him that the ICBC card had been frozen by a criminal police detachment in Guangzhou. Because the bank card is the main fund used by Zhang San to run an online store selling jewelry, the main funds are now frozen, which seriously affects normal production and operations.
Zhang San consulted lawyer Yang Shuoming, who suggested contacting the police officer handling the case to understand why the bank card was frozen. As long as it can be proven that the funds in the bank card are legal, the public security agency will unfreeze it.
After Zhang San handled the entrustment, our lawyer immediately contacted the criminal police detachment handling the case and learned that Zhang San’s bank card received a transfer of 180,000 yuan from Wu Moumou on February 1, 2021. The payment The person who made the money, Wu Moumou, was suspected of being a fugitive, so Zhang San's bank card was frozen.
The lawyer informed Zhang San of the situation learned by the criminal police detachment handling the case. Zhang San said that the payment received on February 1, 2021 was part of the payment for the purchase of a South African diamond necklace by Li Si, an old client of hers in Kowloon. The South African diamond necklace is worth 225,000 yuan. The two parties negotiated to remit 180,000 yuan first on that day. The remaining payment of 45,000 yuan was paid by Ye when he came to pick up the jewelry. Zhang San provided ICBC to Ye on the same day. An hour later, Zhang San’s ICBC card received the payment. 180,000 yuan.
After listening to Zhang San’s statement, the lawyer suggested that he first submit a written "Application for Unfreezing the Bank Card" to the criminal police detachment handling the case and provide that the payment of 180,000 yuan was legitimate funds for Zhang San's legitimate economic transactions. evidence.
Under the guidance of our lawyer, Zhang San provided evidence such as screenshots of the online store, three express delivery orders, WeChat chat records between Zhang San and Li Si, jewelry appraisal certificates, purchase orders, etc. The above evidence proved that an online store The online store has been run by Zhang San for ten years and has a very high credit rating. Li Si is an old customer and the two parties have made transactions three times. The 180,000 yuan was part of the payment for the jewelry purchased by Ye Moumou. Zhang San was not involved in the crime and other facts.
This lawyer submitted the complaint and relevant evidence to the criminal police detachment handling the case, and communicated with the handling police officer many times that the 180,000 yuan was not stolen money. The act of freezing Zhang San’s ICBC card caused Zhang San’s business difficulties. We hope that Unfreeze the Zhang San ICBC card as soon as possible.
After submitting the "Unblocking Application" and relevant evidence, the industrial and commercial card has been unfrozen about a week later and can now be used normally.
2. The bank card that has been frozen for 6 months has been successfully unfrozen
Whether the bank card will be automatically unblocked after six months is related to whether the judicial case is handled well: if the case is handled smoothly, then The bank card will be automatically unblocked after 6 months. The maximum period for a bank card to be frozen is six months. However, if the case is not concluded, the relevant departments can still apply for a second or third freeze until the case is resolved. If the bank card is frozen, it will be automatically unfrozen after six months. However, if the executor applies for an extension of time, the freeze will be renewed. The period for people to freeze the bank deposits and other funds of the person subject to execution shall not exceed six months, the period for sealing up or detaining movable property shall not exceed one year, and the period for sealing up real estate or freezing other property rights shall not exceed two years. Unless otherwise provided by law or judicial interpretation. 1. If the bank card is frozen due to an individual entering the wrong password more than the bank's prescribed number of times, you need to bring your ID card and bank card to the corresponding bank to unfreeze it. 2. The bank card is frozen due to third-party reasons. Generally, personal bank cards are frozen in this case. It may be when the police are handling the case, and some special circumstances require the bank card to be frozen. Generally, if a bank card is frozen due to these reasons, when the bank card will be unfrozen requires detailed analysis of the specific issues. 3. Maybe your card has become a sleep card. The definition of a sleep card is a card that has not been used for a certain period of time or a period of time, or the newly applied card has not been enabled or activated. Most banks will not automatically cancel dormant cards and will also charge fees, so if you find that a card that has not been used for a long time has not been activated, you should activate it as soon as possible.
Legal basis: "Regulations of the Supreme People's Court on Seizing, Detaining, and Freezing Property in People's Civil Execution" Article 29 The period for freezing the bank deposits and other funds of the person subject to execution shall not exceed six months, and the period for sealing and seizing movable property shall not exceed six months. The period for sealing up real estate and freezing other property rights shall not exceed one year. Unless otherwise provided by law or judicial interpretation. If the person applying for execution applies for an extension of the time limit, the people shall go through the procedures for renewal of the seal, seizure, or freeze before the expiration of the seal, seizure, or freeze period, and the renewal period shall not exceed one-half of the period specified in the preceding paragraph. Article 30 If the time limit for sealing, detaining or freezing expires and the people fail to go through the extension procedures, the effect of the sealing, detaining or freezing will be extinguished. If the property that has been sealed, detained, or frozen has been auctioned, sold, or paid off, the effect of the seizure, seizure, or freezing shall be extinguished. Article 103 of the Civil Procedure Law of the People's Republic of China. In cases where the conduct of one party or other reasons may make it difficult to execute the judgment or cause other damage to the party, the people may make a ruling based on the application of the other party. Preserve their property, order them to perform certain acts, or prohibit them from performing certain acts; if the parties concerned do not file an application, the people may also rule to take preservation measures when necessary. When the people take preservation measures, they may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected. After the people accept the application, if the situation is urgent, they must make a ruling within 48 hours; if the decision is made to take preservation measures, they must be implemented immediately. Article 104 If an interested party fails to apply for preservation immediately because of an urgent situation, which will cause irreparable harm to its legitimate rights and interests, the interested party may, before filing a lawsuit or applying for arbitration, apply to the place where the property to be preserved is located, where the respondent is domiciled, or where the respondent is domiciled. The people who have jurisdiction over the case apply for preservation measures. The applicant shall provide a guarantee. If no guarantee is provided, the application shall be rejected. After the people accept the application, they must make a ruling within 48 hours; if it is ruled that preservation measures should be taken, they should be implemented immediately. If the applicant fails to file a lawsuit or apply for arbitration in accordance with the law within thirty days after the people take preservation measures, the people shall terminate the preservation. Article 105 Preservation shall be limited to the scope of the request or the property related to the case. Article 106 Property preservation shall take the form of sealing, detaining, freezing or other methods prescribed by law. After people preserve their property, they should immediately notify the person whose property is preserved. If the property has been sealed or frozen, it shall not be seized or frozen again. Article 107. In a property case, if the respondent provides a guarantee, the people shall rule to terminate the preservation.
3. Because the online loan was not repaid, the savings were frozen by the investigation team. Six months have passed and now...
You can just unfreeze it
See what others have to say.
4. The bank card had a lot of turnover in three months last year. Is it really frozen now? What to do
Usually the user's bank card account is frozen due to excessive turnover. You should bring your ID card and bank card to a bank branch to handle the unfreezing procedure. Please apply and submit relevant supporting documents or materials. The freeze will be released after the bank has verified that it is correct, and it will usually be resolved within 3 working days.
The reasons why bank cards (debit cards) are frozen are mainly unfrozen based on different circumstances.
The first is the unfreezing of long-term real estate accounts. "Personal Account Management Regulations of the People's Bank of China" account, as long as it exceeds a certain period of time (different bank regulations), all transaction channels other than the counter will be closed, that is, included in the real account management, which is equivalent to freezing, and the cardholder cannot trade. Some banks directly close the account . The cardholder goes to a bank branch with a valid ID card
The second is illegal, debit card, but it mainly involves illegal accounts, mainly involving two major contents: one is large-scale transactions, and the other is suspicious Transactions. Regardless of the identification of large or suspicious transactions, the core is obviously inconsistent with my normal transactions. Therefore, once identified, the Chinese account will be unfrozen. The key to this type of account is that the cardholder needs to prove his or her innocence. If the bank freeze is considered illegal, the cardholder can present all legal documents of the transaction, such as credit certificates, commercial contracts, purchase contracts, etc., to the bank. Prove the legality of the transaction. Even if the amount is large, such as 1 million, 10 million or even hundreds of millions, or the transfer frequency exceeds hundreds of times a day, it does not matter as long as it can meet your actual needs, otherwise, it cannot be unfrozen. It is illegal or even illegal to explain the source and purpose of the transaction, and thawing is impossible.
The third case is frozen.
Judicial freezing includes the freezing of civil and criminal cases, such as civil economic cases and criminal cases. The persons or units and individuals involved in the case shall not be unfrozen before the case is concluded or the suspicion is completely lifted. Only the civil freeze has a special way of unfreezing, that is, after the defendant and the plaintiff reach a settlement, or after the defendant pays off debts or compensation in one lump sum before the final judgment, the plaintiff can apply for unfreezing. Unfreeze. After the case is declared closed, the bank will be notified in writing to release the freeze.