If the bank account is frozen, will it become a judgment defaulter?
Li Si found that his bank account was frozen, and this situation may be confusing, what should Li Si do in this state?
First of all, Li Si needs to figure out why his bank account was frozen?
How do you know this? Under normal circumstances, when the court freezes the accounts of the parties, it will issue corresponding legal documents to the parties.
If the document number of the legal document has words such as "enforcement guarantee" and "financial insurance", it means that Li Si's property has been preserved, which may be pre-litigation property preservation or property preservation during litigation.
This kind of preservation is generally a temporary state, and his main role is to keep Li Si's property in place, so that these properties remain in Li Si's name, and cannot change hands, be transferred, sold, dispose of, or be damaged.
It is to pave the way for the later execution if the case is won.
Therefore, the freezing of the bank account under the preservation situation is far from involving the issue of enforcement, and Li Si in this state is very likely not to be the person subject to execution, let alone the dishonest person subject to execution.
If the number of the legal document has the words "Zhi Zi" and "Zhi Hui Zi", it means that the freezing at this time is a procedure of the court in the process of enforcement, that is to say, Li Si in this situation is already the person subject to enforcement, is it that Li Si cannot repay the loan, and must become a dishonest person subject to enforcement?
In fact, if the person subject to enforcement is really unable to repay the debts determined in the legal documents, and cooperates well with the court in the process of enforcement, he will generally not be included in the list of judgment defaulters.
So what can be done specifically to be regarded as cooperating with the court's enforcement?
For example, when the court issued a property reporting order requiring Li Si to report his assets, Li Si honestly reported it.
For example, if the court restricts Li Si from high consumption, Li Si should abide by it.
For example, during the enforcement process, the two parties signed a settlement agreement, and Li Si conscientiously fulfilled it.
In addition, there is no evidence to prove that Li Si had the ability to perform but refused to perform the obligations set forth in the effective legal documents, and there is no evidence to prove that Li Si used methods such as fabricating evidence, violence, and threats to obstruct or resist enforcement, and there is no evidence to prove that Li Si used false litigation, false arbitration, or concealment or transfer of property to evade enforcement.
If Li Si has done all the above content, even if Li Si is enforced, even if the debts determined by the effective legal documents are not repaid, under normal circumstances, the court will not include Li Si in the list of dishonest judgment defaulters.
Enforcement