Is it illegal for a bank deposit to be transferred privately by the person who owes the money withou

It is an offence for a bank deposit to be transferred privately by the person to whom the money is owed without the consent of the person to whom the money is owed. Depositors are protected by law for their bank deposits, and according to the regulations, banks shall not inquire, freeze or deduct depositors' deposits in banks on behalf of any entity, unless otherwise provided by law. If your deposit is transferred, you can recover it through legal channels.

Legal analysis

Now the banking procedures are very formal and legal, here to talk about two main points: one is to owe someone money, if it is owed money to others, then the other party is basically through judicial channels, compulsory deduction, this law is to empower the bank to cooperate with the court to enforce, or tax arrears, owed customs, the same law gives these authorities the right to require bank deduction. Second, if you owe money to the bank, then in the previous business contract, there must be a clause that the bank has the right to deduct it.

However, if it is transferred without a legal reason permitted by law, it is definitely illegal. The Commercial Bank Law of the People's Republic of China was formulated to protect the legitimate rights and interests of commercial banks, depositors and other customers, to regulate the behavior of commercial banks, to improve the quality of credit assets, to strengthen supervision and management, to ensure the steady operation of commercial banks, to maintain financial order, and to promote the development of the socialist market economyLaws and Regulations

The full text of the latest Commercial Bank Law includes the General Provisions, the Establishment and Organization of Commercial Banks, the Protection of Depositors, the Basic Rules for Loans and Other Businesses, Financial Accounting, Supervision and Management, Receivership and Termination, Legal Liability, and Supplementary Provisions.

Legal basis

Law of the People's Republic of China on Commercial Banks

Article 29 A commercial bank shall follow the principles of voluntary deposits, free withdrawal, interest-bearing deposits, and confidentiality for depositors in handling personal savings deposit business. Commercial banks have the right to refuse any unit or individual to inquire, freeze, or deduct personal savings deposits, except as otherwise provided by law.

Article 30 A commercial bank shall have the right to refuse to make inquiries from any unit or individual, except as otherwise provided by laws and administrative regulations; It has the right to refuse any unit or individual to freeze or withhold the transfer, except as otherwise provided by law.

Failure to proceed with the judicial process is an offence.

It seems that this has to go through the legal process.

Hello. Illegally, the transfer of debts must be approved by Li Xinghan's creditors.

Without the consent of the creditor, the obligation to repay the loan cannot be waived.

Legal basisThe assumption of debt must be carried out in a contractual manner, according to which the contract is entered into in the following ways:

The debtor and the third party (the obligor) enter into an agreement on the assignment of debts, with the consent of the creditor

2) the obligor and the creditor reach a debt transfer agreement, with the consent of the debtor;

3) The debtor, the third party and the obligor jointly or separately reach a debt assignment agreement.

Article 84 of the Contract Law stipulates that "the debtor shall obtain the consent of the creditor with the consent of the creditor if the debtor transfers all or part of the obligations of the contract to a third party".

If it is not my fault that causes the bank card to be stolen, the bank is responsible and can ask the bank to return all the losses.

When you find that the money on the bank card has been transferred, immediately call the police to file a case, and then prove that the bank card has never left your hand, and then immediately issue a printed statement to find out the truth of the transfer, as long as you can prove that the card was in your hands at the time of the case, there is a possibility of winning the lawsuit.

Are you bound to autopay your debit card and credit card? Or maybe your credit card hasn't been overdue for a long time.

In case of default, the bank has the right to deduct money from other accounts in the same name of the Bank.

It is explained in the rules for using credit cards.

Is it legal for CMB to deduct the full amount of a customer's pension to repay the outstanding amount of the bank's credit card without the consent of the customer?

If it counts, it is illegal.

Where public or private property is stolen, the amount is relatively large or there are multiple thefts, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine;

where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;

where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

If the amount is not large, strive to be exempted from criminal punishment or probation.

I think your behavior is a crime, the debtor owes you money, you must ask him to write an IOU, if you write an IOU, if he himself signs it, so that it is not illegal, if it is not this case, you write an IOU privately and deduct other people's money, you are irregular, it is a crime, I hope you don't do this, you must go through the proper procedures to ask for money, do not violate the law.

Without the consent of the debtor, the debtor's IOU cannot be deducted from the debtor's money without permission. You can negotiate.

If there is a suspicion of infringement, it is best to notify him to repay the loan before deducting it, and inform him which money will be deducted if he does not repay.

This seems to be impossible, it must be done with the consent of the person, otherwise such an act is illegal appropriation, that is, taking other people's money without the consent of the person.

I think that the automatic transfer of money can only be done with my consent, which is not your personal behavior, the responsibility lies with the bank, and it must be resolved through negotiation.