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Can virtual currency be unfrozen by judicial restriction

Publish: 2021-04-16 00:46:01
1. First of all, we should make clear the purpose of freezing. Freezing is generally a measure for the people's court to control the property of the defendant or the person subjected to execution in the process of preservation or execution. If the plaintiff loses the lawsuit and the plaintiff's claim is rejected, the plaintiff's application for freezing the defendant's property will be meaningless, and the court will lift the freezing; If the person applying for execution applies for execution, and the person subjected to execution has paid off the debt or reconciled with the person applying for execution, there is no need to continue the freezing, and the court will also lift the freezing. In addition, if the person subjected to execution does not pay, the court will dect and execute the frozen property to the person applying for execution.
2. It is suggested to contact the judicial organ directly for confirmation. The time limit for freezing deposits shall be handled according to the time limit specified in the notice of freezing deposits issued by the competent authority, and generally shall not exceed six months. If it is necessary to extend the period for special reasons, the competent authorities shall go through the proceres for continuing the freezing before the expiration of the freezing period. For the freezing measures taken by the court in civil execution, the renewal period is three months, except in this case, the renewal period is six months.
3. If the debit card of Ping An Bank is frozen by justice
1
2. Only in but not out: funds can be transferred into the account (e.g. deposit, transfer in, fast payment in, etc.), but not out (e.g. cash withdrawal, transfer out, fast payment, online payment, withholding, etc.)
3. Partial freezing: funds can be transferred into the account, but can not be transferred out within the frozen amount, and can only be transferred out beyond the frozen amount. For example, if the account has 2000 yuan and the frozen amount is 1000 yuan, only 1000 yuan can be used

warm tips: ring the judicial freezing of the bank card, you can contact the customer service 95511-3 of Ping An Bank to transfer labor, inquire about the specific department that initiated the judicial freezing, and then contact the other party to cooperate with the judicial department for investigation and handling. After the investigation and processing of the judicial department, the judicial department that originally applied for freezing will initiate the unfreezing to the bank, and the account can be resumed

if you need to consult Ping An bank business, you can click the bottom link to select the online customer service icon on the top right-hand corner of the front page or to pay attention to the WeChat public official account of Ping An Bank (pingan_). Bank)< br /> https://b.pingan.com.cn/branch/mkt/bankonline/dist/onlineBankless.html#

response time: December 4, 2020. Please refer to the official website of Ping An Bank for the latest business changes
[Ping An Bank I know] want to know more? Come and see "Ping An Bank I know" ~
https://b.pingan.com.cn/paim/iknow/index.html
4.

Six months

Article 29 of the provisions of the Supreme People's Court on sealing up, distraining and freezing property in the civil execution of the people's Court:

the time limit for freezing the bank deposits and other funds of the person subjected to execution by the people's court shall not exceed six months, the time limit for sealing up and distraining movable property shall not exceed one year, and the time limit for sealing up real property and freezing other property rights shall not exceed two years. Unless otherwise provided by law or judicial interpretation

if the person applying for execution applies for extension of the time limit, the people's court shall go through the formalities for renewal of the time limit for sealing up, detaining or freezing before the expiration of the time limit for sealing up, detaining or freezing, and the time limit for renewal shall not exceed half of the time limit specified in the preceding paragraph

Article 30: when the time limit for sealing up, distraint or freezing expires and the people's court fails to handle the extension proceres, the effectiveness of sealing up, distraint or freezing shall be extinguished. If the sealed up, distrained or frozen property has been auctioned, sold off or paid for debts, the effectiveness of the sealing up, distrained or frozen property shall be extinguished

extended information:

property that cannot be frozen:

the people's court shall not seal up, detain or freeze the following property of the person subjected to execution:

(1) clothes, furniture, cooking utensils, tableware and other articles necessary for the life of the person subjected to execution and his dependants

(2) the necessary living expenses of the person subjected to execution and his dependants. If there is a local minimum living standard, the necessary living expenses shall be determined in accordance with that standard

(3) articles necessary for the person subjected to execution and his dependants to complete compulsory ecation

(4) undisclosed inventions or unpublished works

(5) auxiliary tools and medical supplies necessary for the physical defects of the person subjected to execution and his dependants

(6) medals and other articles of honor and commendation received by the person subjected to execution

(7) according to the law of the people's Republic of China on the procere of concluding treaties, the property exempted from sealing up, distraint or freezing is stipulated in the treaties, agreements and other documents with the nature of treaties and agreements concluded with foreign countries or international organizations in the name of the people's Republic of China, the government of the people's Republic of China or government departments of the people's Republic of China

(8) other property that cannot be sealed up, distrained or frozen as stipulated by law or judicial interpretation

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