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Digital currency bank card frozen by justice

Publish: 2021-03-29 11:06:16
1. Large amount of funds will certainly be monitored. After the China Internet Finance Association issued the "tips on preventing the risks of overseas ICO and" virtual currency "transactions", the relevant management departments will clean up, rectify and supervise the domestic ICO behaviors and "virtual currency" trading places
generally, the freezing of bank cards is judicial freezing, and the reasons can be roughly divided into two kinds:
1. If the cardholder violates the law and commits a crime, for example, if he is sued for compensation, he refuses to implement it
2. The cardholder has received a sum of stolen money, which is implicated and frozen
the bank itself has no power to freeze the bank card, so it is passive to implement the court or public security orders. A large number of bank cards in the exchange have been frozen, which may be e to the inflow of stolen money
if the bank card is frozen because it has received the stolen money, the amount confirmed as the stolen money in the card will be directly transferred by the court without going through the bank card itself, and the bank card can only be unfrozen after the case is closed.
2. It's not your problem. It's automatically thawed in six months
if you give someone else's ID card or apply for someone else's card, you need to cooperate with the local public security bureau to cooperate with the investigation. No problem will be solved
3. The court can freeze your digital currency account.
4.

There are two cases in which the bank card is frozen by judicature: one is sued by others and applied for property preservation; the other is that the court refuses to execute the judgment after it comes into effect

when the defendant is involved in overe bank loans, general civil litigation or criminal cases, as long as the plaintiff applies for freezing, the defendant's bank account can be frozen or the movable and real estate can be sealed up after the court makes a ruling. Freezing and sealing up are different in form, but they are essentially the same legal means

the main objects of judicial freezing include: the funds and deposits in the capital accounts and bank accounts of the parties involved in the case; Securities in the securities account; Movable property (such as office equipment), real estate (such as houses), specific movable property (such as automobiles) and other property rights (such as equity); and; The important evidence that has great influence on the investigation of the case, plays a key role in the qualitative analysis of the case, and is irreplaceable or unique

Article 100 of the Civil Procere Law of the people's Republic of China, the people's court may, according to the application of the other party, make a ruling to preserve the property of the other party in a case where the judgment is difficult to be executed or other damage is caused to the party e to the act of the other party or other reasons Order them to do certain acts or prohibit them to do certain acts

(2) article 242 of the Civil Procere Law of the people's Republic of China, if the person subjected to execution fails to perform the obligations specified in the legal documents in accordance with the execution notice, the people's court has the right to inquire the relevant units about the deposit, bond, stock, fund share and other property of the person subjected to execution

Third, according to the law, when the CSRC investigates, hears or enforces illegal securities cases, if it finds that the parties involved in the case have one of the following circumstances, it can implement freezing and sealing up measures:

1

2. It is possible to transfer or hide illegal funds, securities and other property involved in the case

3. Important evidence has been concealed, forged or damaged

4. The important evidence may be concealed, forged or damaged

5.

It is impossible to seal up your bank card without any reason. There must be a reason for sealing up. In general, if it is sealed up by the court, the court has the obligation to inform you

Article 103 of the civil procere law stipulates: & quot; Property preservation shall be carried out by means of sealing up, distraint, freezing or other methods prescribed by law. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved& quot; Maybe I didn't inform you for some special reason. You can take your ID card to the specific issuing bank to inquire where it is sealed up. After the inquiry is clear, you can take targeted measures to unseal as soon as possible



< H2 > extended information:

the court freezes the bank deposit, and determines the handling method by distinguishing two situations:

1. Before or ring the litigation, the plaintiff applies for the court to take property preservation measures, and the court freezes the bank deposit according to law. In this case, the defendant can provide the corresponding property guarantee, and the court can lift the freezing of bank deposits

2. The defendant refused to perform the court's judgment, and the court froze his bank deposit in accordance with the law in the execution procere. In this case, it is necessary to perform the obligations determined by the judgment or other legal documents before applying to the court to lift the freeze

6.

The reasons for freezing bank cards are as follows:

1. Abnormal transactions may be frozen by banks

If the overdraft exceeds the share, the bank will freeze your bank card immediately

3. The bank card caused by the third party is frozen. Generally, the personal bank card is frozen, which may be the need of legal case handling, and some special cases need to freeze the bank card

extended materials:

the main features of judicial freezing

one of the most important means of law enforcement is freezing and sealing up power, which is the newly added law enforcement power in the new securities law amendment. As the provisions of law enforcement proceres, the implementation measures are mainly reflected in two aspects:

one is to solve the problem of who applies, who reviews, who decides, who implements and who supervises. It strictly stipulates the implementation steps of freezing, sealing up and restricting securities trading by the securities regulatory authorities. Each link is relatively independent, and each bears its own responsibility. Division of labor and cooperation ensure the standardization of law enforcement process

The second is to unify the content and format of the application, decision, notice and other law enforcement documents, inform the parties and the assisting execution units of their rights, obligations and responsibilities, and improve the implementation efficiency of relevant measures

According to Article 180 (6) of the new securities law, the securities regulatory authority has the power to freeze and seal up the illegal funds, securities and other property and important evidence of the parties involved in the case. It mainly includes: the funds and deposits in the capital accounts and bank accounts of the parties involved in the case; Securities in the securities account; Movable property (such as office equipment), real estate (such as houses), specific movable property (such as automobiles) and other property rights (such as equity); and; The important evidence that has great influence on the investigation of the case, plays a key role in the qualitative analysis of the case, and is irreplaceable or unique

in order to protect the legitimate rights and interests of the parties, the frozen and sealed up parties are not totally useless The "implementation measures" set up multi-channel relief measures, such as the parties have the right to state and defend, the executive should listen to and record

after the account is frozen, the securities holder makes a request to sell part or all of the frozen securities. If it is considered necessary after examination, the part or all of the frozen securities can be unfrozen

if the parties provide corresponding guarantee, the freezing and sealing up measures can be lifted with the approval of the main person in charge of the CSRC; If the parties involved are not satisfied with the freezing and sealing up decision, they may apply to the CSRC for administrative reconsideration according to law

source of reference: network judicial freeze

7. There are two ways to unfreeze the bank card by the court:

there are two ways to unfreeze the bank card: unfreezing when it is e and unfreezing in advance by the judge. Article 29 of the provisions of the Supreme Court on sealing up, distraining and freezing property in the civil execution of the court stipulates that the time limit for the people's court to freeze the bank deposit and other funds of the person subjected to execution shall not exceed six months, and the time limit for sealing up and distraining movable property shall not exceed one year, The time limit for sealing up real estate and freezing other property rights shall not exceed two years. If the corresponding obligations have been fulfilled, the plaintiff and the court can be urged to unfreeze as soon as possible

bank card will be frozen:

your bank card is a credit card (credit card). If it is frozen, it may be that your credit card has had abnormal transactions, such as malicious cash out, forged information, continuous password error, etc., the bank card may be frozen by the bank.
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