Bank card freezing
Reason: Received funds involved in the case
No matter what you have done, the reason for the freeze is that you have received the funds involved in the case, not because of your online gambling, buying and selling virtual currency, etc.
This is an important point to understand. So do you need to hire a lawyer? There are two situations.
If you are a person with execution ability, unwilling to spend money, and know a little about laws, regulations and litigation procedures, you don’t need to hire a lawyer at all. You can just apply according to this article.
If you want things to be simple and are willing to spend money but don’t want to spend time and thought on your own, you can ask a professional lawyer or legal team to help you with the process.
We often see lawyers posting cases in WeChat Moments where they had to go to three places in one day to unfreeze their accounts. We usually block such lawyers directly. They tell you the conclusion first, which is unprofessional. ) Help you with the process. Don't be scared by some lawyers who say they will help you with letters or cover up things. As long as you have a legitimate job and are not engaged in gambling, everything will be fine.
We often see lawyers posting on WeChat Moments about cases where they had to go to three places in one day to unfreeze their accounts. We usually block such lawyers and tell you the conclusion first, which is unprofessional.
It is not necessary to go to a different location (freezing location) to freeze a bank card.
I see those lawyers are still criticizing legal consulting companies for just writing a statement of circumstances to the parties and then not caring about it anymore. There are indeed such bloggers and legal consulting companies, but what many lawyers don’t know is that legal consulting companies are responsible for the results, which means that if the files cannot be unfrozen, there will be no charge until they are unfrozen, and it is not like they will automatically unfreeze the files after waiting for a certain period of time.
Therefore, if a client signs a power of attorney contract with a lawyer, it must be stated that if the lawyer cannot unfreeze the funds within 30 working days, or simply changes the freeze to a limit, the client must refund the power of attorney fee in full and bear the travel expenses.
Why do those lawyers go to the frozen areas every day even though they don’t need to? Because they can charge you high travel expenses. Bank card unfreezing appeal is a very small matter. Just a few thousand yuan of travel expenses can be entrusted to professional legal affairs. When lawyers charge you travel expenses, they usually also charge a percentage of the frozen amount plus the initial fee.
It's time to expose this group of people. If you know a little about laws and regulations, you don't need to hire a lawyer to go to another place to help you unfreeze your funds.
The following is the process after freezing
Today I will tell you the whole process and what difficulties you will encounter during the thawing process.
Your bank card has been frozen by an authorized agency in another place. In fact, the process is very simple. Everyone tells you to go to the bank to inquire about the freezing unit, then find a way to contact the freezing unit, ask why it is frozen, and then submit evidence and let the uncle unfreeze it for you.
The process is correct, it is really simple, but what I am telling you is correct nonsense.
If your bank card is frozen, go to the bank first to determine whether it is a judicial freeze. The method is to go directly to the counter and ask which authority has frozen my card. Please write it down or print it out so that I can file a complaint.
You will get a handwritten or machine-printed certificate like this. Don't be afraid to ask. This is something the bank must tell you. As a depositor, there is a contractual legal relationship between the cardholder and the bank. The bank has the obligation to inform the depositor of the frozen bank card. If the bank refuses to provide the relevant information, you can consult or complain to the superior bank or the competent department (such as the China Banking and Insurance Regulatory Commission) and be sure to obtain the freezing information in order to determine the subsequent processing plan.
After knowing the name or phone number of the freezing agency, do not contact them first. It will be useless if you contact them. You must complete the previous preparations.
Then you need to check which payment caused the freezing according to the freezing agency and your bank statements. The purpose of this is to determine:
1 Freeze Unit
2 Organizer
3. Contact number of the organizer (official mobile phone)
4 Amount involved
5 Transaction data involved
Only by confirming these information can you solve your problem quickly.
After confirming these things, you can then file an appeal to unfreeze your account. If someone directly tells you to call the organizer, who do you call? Uncle freezes thousands of cards at a time. How can he know who you are? Unless you are the leader of a gang.
If you are stubborn and refuse to listen to me and you must contact me, then you must state your identity. You can usually claim to be: I am XXX (your name), the victim from XX place.
You don't need to tell me the answer you got. I will tell you the result directly: bring your bank card, bank statements, and evidence to our place for investigation.
After you spend time, energy and money, the answer you get is:
Go back and wait for the results of the investigation (wait for notification)
What have you gained? Don't listen to those half-baked bloggers who copy and paste.
Your goal is to quickly unfreeze your bank card, rather than going through the entire process and waiting for half a year or a year.
So, no one will tell you what to do if you contact the uncle who is in charge of the frozen land and he ignores you and refuses to unfreeze your land?
Yes, you have no choice but to take your bank card, bank statements, and evidence to another place to make an explanation. Doesn’t this waste your time and money?
Even if you go, what if your confession is not ready and your uncle doesn't thaw you?
Most of them are: We understand your situation, go back and wait for news
Still no one teaches you what to do when you encounter this kind of reply? We understand your situation, we need to further verify, you go back and wait for the news!
See, no so-called blogger on the entire Internet can teach you what to do when you encounter this situation?
What you think of bank card unfreezing is: you go to the bank to inquire about the freezing unit, then contact the freezing unit, ask why it is frozen, and then submit evidence and information, and the uncle will unfreeze it for you.
Yes, this is the process. The process is correct, and the procedure is correct, but you will encounter irresistible difficulties that you cannot solve at every link. The first is that you cannot contact the person in charge of the freezing unit, and the second is that they will not tell you why they freeze your assets, and of course they can refuse to unfreeze them for you.
Because the information you know is generated by the public security organs in performing their criminal justice functions rather than administrative management functions, it is not disclosed to you. You don’t understand, right? Let me tell you in plain language: Why should we tell you the reason for the freeze?
Therefore, do not contact the freezing agency first, but write down the process of freezing and your personal information in a detailed explanation. The reason for our friend's freezing is probably due to online gambling and buying and selling virtual currency. Here is a sample explanation for you.
Explanation on the freezing of XX bank card
XXXX Public Security Bureau Criminal Investigation Brigade, XX Police Officer:
My name is XX, ID number: XXXXX, Han nationality, contact number: XXXXXX, work unit: XXXXXXXXX, place of residence: XXXXXXXX, email address XXXXXXXX.
Authorized agent: Zhonglian Legal Consulting Center XXX Phone XXXX Legal document address: XXXXX (leave it blank if not available)
Regarding the freezing of my XX bank account: XXXXX, I would like to make the following statement:
I once registered on a virtual currency website named XXXX. During the period, I recharged more than XX yuan and had X yuan left. I found that I was losing money, so I stopped playing. Then I withdrew the last principal of X yuan and sold virtual currency on the website. On X month X day XX minute, the website transferred XXXXX yuan into my XX bank card with the card number of XXXXXXX through the account of XXXXXXXXX.
First of all, it should be clear that you are just a participant, not the one who opens an exchange.
Then you need to provide the following materials:
First number the evidence, such as A1 (bank card statement) to prove the purpose, which is generally to prove the recharge record and withdrawal record.
A1 Bank Statement: Use a special marker or pencil to tick the standard frozen amount; if there are many bank card statements, just select the page related to the frozen amount.
A2 The front and back of your ID card, the newspaper of the day and your bank card and ID card.
This is very important, proving that before today your bank card was in your hands and not rented, lent or sold (this is the first time the entire network has told you this detail)
A3 Provide proof of employment, business license, insurance certificate, labor contract, etc. to prove that you have a legitimate job.
A4 How to conduct virtual currency transactions (website URL, page, how to conduct transactions, recharge operations, withdrawal procedures) interface and other detailed information.
The funds involved in the case were frozen after selling virtual currency. This is not difficult, you only need to provide proof that the funds in the card are from a legal source.
Just explain each transaction and provide evidence, such as U-sale bills and chat records, etc.
If you file a complaint yourself, it is enough to prepare these materials. If you entrust a lawyer (legal team) and need to sign a contract, the legal department will make a list of all the materials for you and issue a relevant legal opinion, and you just need to sign it.
It is sufficient to mail these materials to the undertaker (ignore your further comments).
After doing the above, the uncle will generally contact you actively. If he does not contact you, it means that the materials are incomplete, or the method is wrong, or key points are missed.
Remember, you only have one valid chance. When the uncle calls you, the first thing you must ask is: Officer, what is your name? This officer is your organizer. Don't communicate with him or you still don't know who your organizer is after the communication is completed or the communication is not good. No one will give you a second chance.
Don't ever let your uncle tell us to come in and give a statement, otherwise all your efforts will be in vain.
You must be gentle in your attitude, gain the uncle's understanding, sympathy, and pity, or at least not be disgusted. Unless there are special circumstances, do not offend the uncle, do not gain the upper hand over words and lose the actual interests of frozen property. After all, uncles are also handling cases, especially those at the grassroots level who have a heavy workload. Every day, they have endless trivial matters to do, endless phone calls to answer, and endless public sentiments to deal with, so you must pay attention to the following points:
1. Be nice and sincere, use the honorifics "you" or "Officer X", listen more and talk less, don't interrupt the officer, answer what is asked without elaborating, don't be unreasonable and expect to be understood, don't act tough, especially if you are indeed involved in gambling. If you make people angry, you may be detained administratively, and you will regret it then. A few words from my uncle can make you spend thousands of dollars more on travel expenses. Come to us to understand the situation.
2. Contact your uncle during normal working hours and avoid rest time: Try not to contact him during non-working hours such as after work, lunch break, meal time, holidays, weekends, etc. Contact him after 2:30 pm, contact him after 10 am, and do not contact him on Mondays because he has a meeting early in the morning.
3. Submit relevant materials, and make them as clear and concise as possible, with a detailed table of contents, page numbers and the purpose of proof, so that the uncle will know the content of the materials at a glance. If the unfreezing conditions are met, the internal application for unfreezing procedures (internal approval process of the public security agency) will be processed as soon as possible. Because the materials you provided are detailed, there is no need to sort out a large amount of materials when submitting for approval, and the uncles will naturally be happy to go through the approval process for you.
4. If the materials are incomplete, there are doubts about the evidence, and you have a bad attitude, your uncle may ask you to go to the investigating agency to make a statement. If you cannot go to the investigating agency at this time, try not to go. If you can provide paper materials, try not to go. It is more appropriate to make a statement at the public security agency (mainly the police station) in your own jurisdiction. Regarding making a statement, many people worry that there are certain risks. This is indeed the case. If you say something wrong, you may go from being innocent to being guilty. If you really want to make a statement, bring the situation statement written by the legal department, and don't say anything else. Speak briefly and effectively as stated in the situation statement, and try to let your uncle send a cooperation letter to the local police station.
5. Make sure to communicate the plan with your uncle in a timely manner after receiving the materials, such as the proportion of funds involved in the case to be returned. This depends on your communication level and ability. If your situation is dire and you meet a sympathetic uncle, you are lucky, but most of the time uncles basically act "within the scope of their authority". At this time, it would be much better to have a professional legal staff to help you communicate.
There are several results if all evidence is submitted:
1. Refusal to unfreeze: An official letter of refusal to unfreeze is required, and the Legal Affairs Committee will file an appeal.
2 Full unfreeze: If it is found that the frozen funds are indeed unrelated to the case, the freeze should be lifted and a certificate of non-involvement in the case should be issued (this certificate is very difficult to obtain and requires repeated communication and negotiation with the legal department. The uncle will generally reject you directly and we will not stamp it for you, but you must get this certificate to lift the bank's non-counter risk control, or the associated accounts under the name of the account involved in the case, as well as the two-card disciplinary personnel labels, etc.).
3. Limit freeze: Freeze the amount involved in the account involved. This may be a major case. Other functions can still be used normally. For example, if you have 100,000 in your card and the amount involved is only 10,000, then you only need to freeze 10,000.
4. Return part of the property involved in the case: This depends on the communication ability of the legal department and your uncle as well as your actual situation. In this case, you will generally go to the local area to negotiate with the victim and ask for a record of the conversation. It is suitable for freezing large amounts of money, but the funds are obtained in good faith by you.
5 Continue to freeze: Wait for the court to deduct the money. My uncle believes that all gambling funds should be deducted, which is quite impartial. However, this situation rarely happens in practice. Our legal team has encountered a case where my uncle agreed to unfreeze the funds because he needed to return 30,000 yuan of funds involved in the case. However, the person involved had no money left and there was only 30,000 yuan in the frozen card.