Being able to ask this question shows that you know some of the laws and regulations of our country, but you don't know enough about them, and they are very one-sided.
As long as the case does not overturn the original judgment, it will always be frozen, even if it enters the retrial procedure.
Let's expand on that.
1.First of all, let's analyze the current situation, according to what you said, it should be:
The court has made an effective judgment or mediation letter, and then you have not performed your obligations within the time limit determined in the effective judgment document, and the other party has applied for enforcement.
In the process of enforcement, the court imposed a mandatory freeze and froze your bank card.
However, after you received the court's judgment (mainly referring to the judgment, because the mediation document is recognized by you and is unlikely to be dissatisfied), you did not recognize it, but felt that the court's judgment was unfair, so you did not fulfill the content of the judgment, and at the same time applied for a retrial.
2.Article 10 of China's Civil Procedure Law clearly stipulates that the people's courts hearing civil cases shall implement the system of collegiality, recusal, open trial and final adjudication of two instances in accordance with the provisions of law.
In other words, if the case has been tried by two levels of courts, then the final judgment will already take legal effect, and there will be such a sentence at the end of the second-instance judgment: This judgment is final.
Therefore, if you are not satisfied with the first-instance judgment, you can file an appeal, but when the second-instance judgment is rendered, the case will take legal effect and you cannot appeal again.
However, if you are not dissatisfied with the first-instance judgment and the final first-instance judgment of the case takes legal effect, then the possibility of the court accepting the retrial is very small.
3.If you still think that there is an error in the effective judgment and are not satisfied, you can apply to the court for a retrial.
There are a few things to keep in mind:
First, the time for applying for retrial must be within 6 months after it takes effect. If it is exceeded, the court will generally not accept it, unless there is a clear error in the original judgment.
Second, the subject of an application for retrial is generally the court at the level above the original trial court. If there are a large number of parties or both parties are citizens, an application may also be made to the original people's court for a retrial.
Third,During the period of application for retrial, enforcement of the original judgment or ruling is not stopped.
The third point, in fact, answers your question.
Although you have applied for a retrial, it is not certain whether the court has accepted it, and even if it does, it is not certain whether a retrial decision has been made, and the enforcement of the original judgment cannot be stopped at this time.
4.After you file an application for retrial, the court will first conduct a review procedure, and if it feels that it is about the same, it will file the case, and the case will be filed at this time.
After acceptance, the court will have a review period, and before the expiration of this period, it will make a ruling: either to support the request of the applicant for retrial, or to reject the application for retrial.
If it is in favor, the court will issue a ruling - a retrial ruling. The ruling will generally indicate that the enforcement of the original judgment or mediation document will be suspended.
If this is the case, it can be proved that the case has entered the retrial procedure, and the case may be overturned.
ButEven so, it is only suspended and cannot be deducted, and the freeze will continue to be frozen.
Of course, if the case is reversed in the end, and the money that has been executed from you, you can ask a court to enforce it and let the court enforce it back to you.
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