After the court receives the application, it can usually be completed within 7 working days, but this requires the court to arrange the time and can only be negotiated with the court.
1. How long does it take to unfreeze after applying for cancellation of compulsory execution?
If you apply for cancellation of compulsory execution measures, after the people's court makes a ruling to lift the preservation measures, the preservation measures should be lifted immediately, and the lifting shall be implemented by registration. If preservation measures are required, a notice of assistance in enforcement shall be issued to the registration authority. Upon receipt of the notice, the registration authority shall immediately lift the freeze.
"Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"
Article 165: After the People's Court decides to take preservation measures, Unless the people's court that made the preservation ruling lifts it on its own initiative or its superior people's court decides to lift it, no unit may lift the preservation measures during the preservation period.
Article 166: After ruling on the adoption of preservation measures, if any of the following circumstances occurs, the people's court shall make a ruling to terminate the preservation:
(1) The preservation is wrong;< /p>
(2) The applicant withdraws the preservation application;
(3) The applicant’s prosecution or litigation request is dismissed by the effective judgment;
(4) People’s Other circumstances in which the court deems the preservation to be lifted.
When the preservation measures implemented through registration are lifted, a notice of assistance in enforcement shall be issued to the registration authority.
2. Enforcement procedures
1. Application. The parties must fulfill the legally effective civil judgments and rulings as well as the criminal judgments and rulings. If one party refuses to perform, the other party may apply to the People's Court for enforcement, or the judge may transfer the matter to an execution officer for enforcement.
2. Accepted by the court. If the parties or interested parties believe that the execution violates legal provisions, they may submit written objections to the people's court responsible for execution. If a party or interested party raises a written objection, the people's court shall review it within 15 days from the date of receipt of the written objection. If the reason is established, it shall rule to revoke or correct it; if the reason is not established, it shall rule to reject it.
3. Apply for reconsideration. If the parties or interested parties are dissatisfied with the ruling, they may apply for reconsideration to the people's court at the next higher level within 10 days from the date of delivery of the ruling.
4. Issue an execution notice to the person subject to execution. When the execution officer receives the application for execution or the transfer of execution, he shall issue an execution notice to the person subject to execution and order him to perform within the specified period. If he fails to perform within the specified period, compulsory execution will be enforced.
5. Take coercive measures. When taking enforcement measures, the enforcement officer shall produce his certificate.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis:Legal basis:
"Regulations of the Supreme People's Court on Seizing, Detaining and Freezing Property in Civil Execution by People's Courts"
Twenty-Nine Article 1 The time limit for the people's court to freeze the bank deposits and other funds of the person subject to execution shall not exceed six months, the time limit for sealing up or detaining movable property shall not exceed one year, and the time limit for sealing up real estate or freezing other property rights shall not exceed two years. Unless otherwise provided by law or judicial interpretation. If the person applying for execution applies for an extension of the time limit, the people's court shall handle the renewal procedures for sealing, seizing, or freezing before the expiration of the sealing, seizure, or freezing period, and the renewal period shall not exceed one-half of the period specified in the preceding paragraph.
Article 30: If the time limit for sealing, detaining or freezing expires and the People’s Court fails to handle the extension procedures, the effectiveness of the sealing, detaining or freezing shall be extinguished.
Article 31 Under any of the following circumstances, the people's court shall make a ruling to lift the seal, seizure, or freezing, and serve it on the person applying for execution, the person subject to execution, or the person outside the case: (4) The debt has been repayment; (5) The person subject to execution provides a guarantee and the person applying for execution agrees to lift the seal, seizure, and freeze; (6) Other circumstances where the people's court deems that the seal, seizure, and freeze should be lifted. To lift the seal, seizure or freeze implemented by registration, a notice of assistance in execution shall be issued to the registration authority.