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Can the court enforce and freeze the social security card?
According to Article 145 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of the Arbitration Law of People's Republic of China (PRC), the court may take freezing measures against the assets such as deposits, wages, bonuses and refund of personal income tax. Social security card, as a form of property of the person subjected to execution, can also be frozen by the court. However, before freezing the social security card, the court must go through the examination and approval and operate in strict accordance with the legal provisions and related procedures. The specific operation process includes: law enforcement officers draft freezing documents and submit them for review; After examination and approval, the person subjected to execution shall submit a notice of freezing to the social security agency; After receiving the notice of freezing, the social security institution shall freeze it within the prescribed time limit and quota. It should be noted that the purpose of freezing the social security card is to achieve the purpose of the executed person, not to reduce the social security rights and interests of the executed person. Therefore, when examining and approving freezing measures, the court should fully consider the legitimate rights and interests of the person subjected to execution and take necessary safeguard measures.
What effect does freezing the social security card have on the person being executed? Social security card is an important property form of the person being executed, and freezing the social security card may affect the normal life and work of the person being executed. Therefore, when implementing freezing measures, the court should fully consider the legitimate rights and interests of the person subjected to execution, and take corresponding safeguard measures when necessary, such as appropriately reducing the freezing amount or suspending execution.
Freezing the social security card is a compulsory measure taken by the court, but in order to protect the legitimate rights and interests of the executed person, it must be approved and operated in strict accordance with legal procedures. In the process of execution, the court should fully consider the legitimate rights and interests of the person subjected to execution and take necessary safeguard measures.
Legal basis:
"Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution by People's Courts" Article 21 The attachment, seizure and freezing of the property of the person subjected to execution shall be limited to the amount sufficient to pay off the creditor's rights and execution expenses determined by legal documents. If the amount obviously exceeds the standard, it shall not be attached, detained or frozen. If it is found that the amount exceeding the target amount has been sealed up, seized or frozen, the people's court shall, upon the application of the person subjected to execution or ex officio, promptly lift the sealing up, seizure and freezing of part of the property exceeding the target amount, except that the property is inseparable and the person subjected to execution has no other property available for execution or other property is insufficient to pay off debts.
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