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The frozen amount is the amount that cannot be used temporarily. In different occasions and different environments, the specific connotation is different.
For example, in the case of ** transaction, the frozen amount refers to the funds that are frozen when entrusting ** (**, **, warrants, etc.). If you cancel the delegation, it will be immediately unfrozen and reverted to the available amount. If the order is not revoked on the same day, it will be automatically unfrozen and restored to the available amount on the next day.
If the funds are not sold on the same day, but the original funds on your account, it is a withdrawable amount, which can be withdrawn from the transfer bank on the same day. If the funds are sold on the same day and returned, they must wait for the next day before they can be withdrawn from the transfer bank. You participated in the call auction before the morning opening, and the entrusted ** was higher than the call auction when you entrusted to buy, so that there were more funds, and according to the regulations, this part of the funds could not be used on the same day, and it could be used on the next trading day
When trading through Alipay or Yue Bao, there is also a saying that the amount is frozen. The frozen amount here is actually the amount you need to pay to the seller, but this freezing function of Yue Bao can temporarily freeze the money you need to pay to the seller in your Yue Bao first, and after you confirm the receipt, the money will be paid to the seller.
The Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Property in Civil Enforcement by the People's Courts stipulates that the sealing, seizure and freezing of the property of the person subject to enforcement shall be limited to the extent that the value is sufficient to pay off the amount of the creditor's rights and enforcement costs determined in the legal documents, and the amount shall not be sealed, seized or frozen in excess of the standard. This limit is the amount on hold.
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Legal Analysis: The frozen amount is the amount that cannot be used temporarily. In different occasions and different environments, the specific connotation is different.
Legal basis: Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts
Article 3 After the legal document on which enforcement is based takes effect and before the application for enforcement, the creditor may apply to the people's court with enforcement jurisdiction for the preservation of the debtor's property. The people's court may make a preservation ruling with reference to article 92 of the Civil Procedure Law, and the preservation ruling shall be immediately enforced.
Article 4: Where property preservation measures are taken before, during, or in arbitration, after entering the enforcement procedures, they are automatically converted to sealing, seizure, or freezing measures during enforcement, and the provisions of article 29 of these Provisions on the time limit for sealing, seizure, or freezing are to apply.
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1. What does the frozen amount of the account mean?
1. Generally, it refers to the amount that can be used freely after the bank card has frozen the amount for some reasons. According to the law, only the people's courts, people's procuratorates, public security organs and other law enforcement agencies can request banks to freeze accounts. The maximum period of freezing is 6 months, and the freezing will be automatically revoked after the expiration date.
2. Legal basis: Article 243 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs".
The period for freezing deposits, remittances, transaction settlement funds, security deposits and other assets is six months. The maximum period of each refreezing shall not exceed six months.
For major and complex cases, with the approval of the responsible person of the public security organ at or above the level of a city divided into districts, the period for freezing assets such as deposits, remittances, transaction settlement funds, and security deposits may be one year. The maximum period of each refreezing period shall not exceed one year.
2. How to unfreeze the balance if it is frozen.
1. Determine the specific type of balance freezing. Whether it's a bank card or a third-party payment, or something else. The rules for freezing the balance of each account are different, for example, when you use WeChat, the balance cannot be used, whether the bank card balance is frozen, or the bank card is frozen;
2. According to the corresponding frozen balance account, targeted self-examination. First check whether you have used relevant fund accounts in violation of laws and regulations, especially bank cards, WeChat, Alipay, etc., such as online swiping, online gambling, online fraud, online currency speculation, online foreign exchange speculation, online pornography, etc.;
3. Contact the official customer service of the frozen balance account. Communicate with the other party through online customer service or ** customer service, ask why it is frozen, and find out why it is frozen;
4. According to the thawing plan provided by the customer service, prepare to go through the defreezing procedures. Under normal circumstances, if the balance is frozen, you need to submit relevant information and proof, and the appeal customer service will communicate and communicate with you, but there are many reasons for being frozen, and the customer service is not clear, so you need to go to the counter to handle it. Of course, WeChat and Alipay do not have counters, but can only be handled online;
5. Submit relevant materials and information, and wait for unblocking.
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The frozen amount of the account refers to the fact that the bank card is frozen and cannot handle business. Freezing the account is an enforcement measure taken by the people's court, and the people's court has the right to freeze the property of the person subject to enforcement according to different circumstances when the person subject to enforcement fails to perform the obligations determined in the legal document in accordance with the enforcement notice.
The law is based on the Civil Procedure Law of the People's Republic of China
Article 103: Property preservation is to employ sealing, seizure, freezing, or other methods provided for by law. After the people's court preserves property, it shall immediately notify the person whose property is being preserved.
Where assets have already been sealed or frozen, they must not be sealed or frozen repeatedly.
Article 242:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.
When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
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Legal Analysis: The amount of money blocked in the account refers to the funds that cannot be used by the user in the current month. The frozen amount has a specific way to use, generally it is a fixed fee that needs to be deducted for the service signed by the user and the enterprise, but it may also be the service fee reimbursed by the enterprise, which will be credited to the user's account at one time, but the key is to be repaid in batches, and the amount that has not reached the repayment time will naturally be frozen.
Legal basis: "Telecommunications Regulations of the People's Republic of China" Article 30 Telecommunications operators shall provide services to telecommunications users in accordance with the telecommunications service standards prescribed by the State. The type, scope, tariff standards and time limits for services provided by telecommunications operators shall be announced to the public and reported to the telecommunications regulatory bodies of provinces, autonomous regions and municipalities directly under the Central Government for the record.
Telecommunications users have the right to independently choose and use all kinds of telecommunications services that are set up in accordance with the law.
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Legal analysis: The freezing of account funds is only the freezing of a certain amount of funds in the account, and other funds in the account can still be used. An account freeze is when all the money in this account is frozen.
Legal basis: Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts
Article 21: The sealing, seizure, or freezing of the property of the person subject to enforcement shall be limited to the extent that the amount of the value is sufficient to pay off the amount of the creditor's rights and enforcement costs determined in the legal documents, and the amount shall not be sealed, seized, or frozen in excess of the standard. Where it is discovered that the amount exceeding the standard amount is sealed, seized, or frozen, the people's court shall, on the basis of the application of the person subject to enforcement or ex officio, promptly lift the sealing, seizure, or freezing of the part of the property that exceeds the standard, except where the property is indivisible and the person subject to enforcement has no other property available for enforcement, or other property is insufficient to pay off debts.
Article 33: Where financial institutions unfreeze funds frozen by the people's courts without authorization, resulting in the transfer of frozen funds, the people's courts have the right to order them to recover the transferred funds within a set period of time. If it fails to recover within the time limit, it shall be ruled that the financial institution shall be liable to the applicant for enforcement with its own property within the scope of the transferred funds.
Article 37: Where after relevant units receive a notice from the people's court to assist in the enforcement of the judgment debtor's income, they pay the person subject to enforcement or other persons without authorization, the people's court has the right to order them to recover it within a set period of time; If it is not recovered within the time limit, it shall be ruled that it shall be liable to the person applying for enforcement within the amount paid.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China Article 487:The period for a people's court to freeze a person's bank deposits must not exceed one year, the period for sealing or seizing movable property must not exceed two years, and the period for sealing immovable property or freezing other property rights must not exceed three years. Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed the period provided for in the preceding paragraph. The people's courts may also handle the formalities for continued sealing, seizure, or freezing in accordance with their authority.
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