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Will WeChat be frozen when being sued for guarantee?

ask****499 Shanxi Taiyuan Mortgage guarantee consultation 2024.05.23 23:43:38 395 people read

do guarantee Indicted Will WeChat be frozen

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Region: Shanxi Taiyuan Answers: 9286

If you are sued, if the other party applies for property preservation, you will be frozen, or if the other party applies, but you do not comply after winning the lawsuit, the other party can also apply for compulsory execution

Reply at 15:10:40 on May 25, 2024
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Region: Shanxi Jinzhong Consultation answer: 5634

What is the form of guarantee? How long is the guarantee period?

2024-05-24 08:20:59 Reply
Region: Shanxi Taiyuan Answers: 274

Hello, you can state your problems and demands in detail.

2024-05-24 07:48:10 Reply

How to freeze the guarantor's bank card? Freezing the bank card requires a legal enforcement procedure. First of all, the creditor will apply to the Executive Board for enforcement after getting the successful judgment. Only the Executive Board will go to the bank to investigate, and then your bank card will be frozen. This is a long process, which will take half a year at the earliest. If the guarantor's bank card is frozen, the only way is to repay the debt to the creditor first, and then go to the bank to unfreeze. If it is inconsistent with the facts, you can appeal directly. Relevant legal provisions on freezing According to Article 21 of the Supreme Court's Provisions on Sealing up, Seizure and Freezing of Property in Civil Execution, the property of the person subjected to execution shall be sealed up, seized and frozen to the extent that its value is sufficient to pay off the amount of creditor's rights and execution costs determined in the legal documents, and shall not be sealed up, seized or frozen in an amount that obviously exceeds the limit. Therefore, if you still have 10 deposits in your frozen card, in principle, you cannot freeze your other bank cards. Thirdly, Article 29 of the Provisions of the Supreme Court on the Sealing up, Seizure and Freezing of Property in Civil Enforcement stipulates that the time limit for people to freeze the bank deposits and other funds of the person subjected to execution shall not exceed six months, the time limit for sealing up and detaining movable property shall not exceed one year, and the time limit for sealing up immovable property and freezing other property rights shall not exceed two years. Unless otherwise stipulated by laws and judicial interpretations. If the person applying for execution applies for extension of the time limit, the people shall go through the formalities for renewal of the sealing up, distraint or freezing before the expiration of the time limit for sealing up, distraint or freezing, and the time limit for renewal shall not exceed half of the time limit prescribed in the preceding paragraph. Article 30 If the time limit for sealing up, distraining or freezing expires and the people fail to go through the formalities for extension, the effect of sealing up, distraining or freezing shall cease. If the sealed up, distrained or frozen property has been auctioned, sold off or used to pay off debts, the effectiveness of the sealed up, distrained or frozen property shall cease. Article 31 Under any of the following circumstances, the people shall make a ruling to remove the sealing up, distraint or freezing, and serve it on the person applying for execution, the person subjected to execution or the person outside the case: (1) the property of the person outside the case is sealed up, distraint or frozen; (2) the person applying for execution withdraws the application for execution or waives the creditor's rights; (3) the property sealed up, distraint or frozen is auctioned off or fails to sell off, Other circumstances under which the applicant for enforcement and other enforcement creditors do not agree to accept the payment of the four debts and the five persons subjected to enforcement who have paid off the debts provide security, and the six people who apply for enforcement agree to release the sealing up, distraint and freezing believe that the sealing up, distraint and freezing should be released. Therefore, the term of the frozen account is generally six months, and the applicant can also apply for an extension according to the above legal provisions. You can provide the corresponding guarantee to request unsealing, or ask the customer to actively repay to remove your frozen account. Article 16 of the Guarantee Law of the People's Republic of China stipulates that the modes of guarantee are: general guarantee and joint liability guarantee. Article 17 A general suretyship refers to a suretyship contract in which the parties agree that the surety shall bear the suretyship liability if the debtor fails to perform his obligations. The surety of a general suretyship may refuse to bear suretyship liability to the creditor before the dispute over the main contract has not been tried or arbitrated and the debtor's property has not been enforced according to law, but the creditor is still unable to perform his obligation. Under any of the following circumstances, the guarantor may not exercise the rights specified in the preceding paragraph: (1) the debtor's domicile changes, which makes it difficult for the creditor to demand its performance; (2) the people accept the debtor's bankruptcy case, and (3) the guarantor who suspends the execution procedure waives the rights specified in the preceding paragraph in writing. Article 18 A suretyship of joint liability refers to a suretyship contract in which the parties agree that the surety and the debtor shall be jointly and severally liable for the debts. If the debtor of a joint and several liability guarantee fails to perform his obligation at the expiration of the period of performance of the obligation specified in the main contract, the creditor may require the debtor to perform his obligation, or require the guarantor to bear the guarantee liability within the scope of his guarantee.

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Freezing bank cards requires a legal enforcement procedure. First, the creditors file a lawsuit, and apply to the Executive Board for enforcement after obtaining the successful judgment. Only the Executive Board will go to the bank to investigate, and then your bank card will be frozen. This is a long process, which will take half a year at the earliest. If the guarantor's bank card is frozen, the only way is to repay the debt to the creditor first, and then go to the bank to unfreeze it. If it is inconsistent with the facts, you can directly appeal to the court. Relevant legal provisions on freezing According to Article 21 of the Supreme Court's Provisions on the Sealing up, Seizure and Freezing of Property in the Civil Execution of Courts, the property of the person subjected to execution shall be sealed up, seized and frozen to the extent that its value is sufficient to pay off the amount of creditor's rights and execution costs determined in the legal documents, and shall not be sealed up, seized or frozen in an amount that obviously exceeds the limit. Therefore, if you still have 10% deposit in the frozen card, the court principle cannot freeze your other bank cards. Thirdly, Article 29 of the Provisions of the Supreme Court on the Sealing up, Seizure and Freezing of Property in the Civil Execution of the Court stipulates that the time limit for the people's court to freeze the bank deposits and other funds of the person subjected to execution shall not exceed six months, the time limit for sealing up and detaining movable property shall not exceed one year, and the time limit for sealing up immovable property and freezing other property rights shall not exceed two years. Unless otherwise stipulated by laws and judicial interpretations. 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 sealing up, distraining or freezing before the expiration of the time limit for sealing up, distraining or freezing, and the time limit for renewal shall not exceed half of the time limit specified in the preceding paragraph. Article 30 If the time limit for sealing up, distraining or freezing has expired and the people's court has not gone through the formalities for extension, the effectiveness of sealing up, distraining or freezing shall cease. If the sealed up, distrained or frozen property has been auctioned, sold off or used to pay off debts, the effectiveness of the sealed up, distrained or frozen property shall cease. Article 31 Under any of the following circumstances, the people's court shall make a ruling to remove the sealing up, distraint or freezing, and serve it on the person applying for execution, the person subjected to execution or an outsider: (1) sealing up, distraint or freezing the property of an outsider; (2) The person applying for enforcement withdraws the application for enforcement or waives his creditor's rights; (3) The sealed up, distrained or frozen property fails to be auctioned off or sold off, and the applicant for enforcement and other enforcement creditors do not agree to accept the debt repayment; (4) The debts have been paid off; (5) The person subjected to execution provides guarantee and the person applying for execution agrees to release the sealing up, seizure or freezing; (6) Other circumstances under which the People's Court deems that the sealing up, seizure and freezing should be lifted. Therefore, the term of the frozen account is generally six months, and the applicant can also apply for an extension according to the above legal provisions. You can provide the corresponding guarantee to request unsealing, or ask the customer to actively repay to remove your frozen account. Article 16 of the Guarantee Law of the People's Republic of China stipulates that the modes of guarantee include: (1) general guarantee; (2) Joint and several liability guarantee. Article 17 A general suretyship refers to a suretyship contract in which the parties agree that the surety shall bear the suretyship liability if the debtor fails to perform his obligations. The surety of a general suretyship may refuse to bear suretyship liability to the creditor before the dispute over the main contract has not been tried or arbitrated and the debtor's property has not been enforced according to law, but the creditor is still unable to perform his obligation. Under any of the following circumstances, the guarantor may not exercise the rights specified in the preceding paragraph: (1) The change of the debtor's domicile causes serious difficulties for the creditor to require it to perform its obligations; (2) The people's court accepts the debtor's bankruptcy case and suspends the execution procedure; (3) The guarantor waives the rights specified in the preceding paragraph in writing. Article 18 A suretyship of joint liability refers to a suretyship contract in which the parties agree that the surety and the debtor shall be jointly and severally liable for the debts. If the debtor of a joint and several liability guarantee fails to perform his obligation at the expiration of the period of performance of the obligation specified in the main contract, the creditor may require the debtor to perform his obligation, or require the guarantor to bear the guarantee liability within the scope of his guarantee.

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