According to the relevant provisions of the Civil Procedure Law, the company's account can be frozen by the judicial authorities for up to 6 months, and then it will be automatically unfrozen or renewed as appropriate. The only organs that can freeze accounts are: people's courts, tax authorities, customs, people's procuratorates, public security organs, state security organs, military security departments, prisons, smuggling crime investigation organs, supervisory organs (including military supervisory organs), auditing organs, industrial and commercial administrative organs, and securities regulatory organs. Banks have no right to freeze accounts.
1. Will the court inform in advance if the account of the person subjected to execution is frozen?
After the court freezes the bank account of the person subjected to execution, it shall notify the person subjected to execution, and if there is contact information, the court will contact and serve it by telephone; If there is no contact information, it shall be mailed by the court to the domicile of the person subjected to execution.
The law does not specify the specific notification time. If it can be notified in principle, it shall be notified; If it is impossible to notify, the person subjected to execution may go to the court to collect it.
Second, the process of freezing company accounts to the court.
(1) Apply to the court for enforcement, and provide information about the company;
Materials required for application for enforcement:
1, apply for execution;
2. Identity certificate (original and photocopy of ID card);
3. A copy of the original judgment (i.e. a copy of the judgment);
4. Statement of the property status of the person subjected to execution (indicating the company account and property information).
(2) If the company refuses to perform the judgment obligations of the court, the court may impose a fine or detention on its principal responsible person or the person directly responsible.
(3) If the court seals up, distrains or freezes the movable property, immovable property and other property rights of the person subjected to execution, it will make a ruling, and the people's court will make a notice of assistance in execution and deliver it to the company together with a copy of the ruling, which will take legal effect when it is delivered;
(4) The court freezes the company account.
You can apply to the court for property preservation before applying for enforcement, so that if the other party fails to perform, the court can directly enforce the preserved property.
legal ground
According to the provisions of Article 144 of the Criminal Procedure Law of People's Republic of China (PRC), people's procuratorates and public security organs can inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of criminal suspects according to the requirements of investigating crimes. The relevant units and individuals shall cooperate.
Article 145 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that "if the seized or detained property, documents, mails, telegrams or frozen deposits, remittances, bonds, stocks, fund shares and other property are found to be really irrelevant to the case, the seizure, seizure and freezing shall be lifted within three days and returned."