The sentencing standard for credit card arrears is as follows: 1. If the amount owed to the credit card is more than 1 10,000 yuan but less than 1 10,000 yuan, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; 2. If the amount is more than 6,543,800 yuan but less than 6,543,800 yuan, and the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 3. If the amount is more than 6,543,800 yuan, especially huge, or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated.
The borrower's "unpaid bank loan" is a civil case and will not be sentenced. However, if the judgment is not executed, it may be punished by judicial custody. Civil cases are mainly disputes over civil rights and obligations, which are contradictions among the people. Criminal cases are crimes that endanger society, violate criminal law and should be punished, and belong to the nature of class contradiction.
If the borrower needs a loan, he should directly apply to the host bank or the agent bank of other banks and provide relevant loan materials. Bank Approval Bank staff will approve the loan materials and sign a loan contract with the borrower after passing them. Finally, the bank will lend the money to the account agreed in the contract within the agreed time limit.
1. Personal credit information is damaged, which will affect the handling of various loans in the future.
Once the mortgage is overdue, the lender will see the overdue repayment record. If it is a strict bank, even if it is only one day overdue, the bank will enter the overdue information into the central bank's credit information system. Once the overdue records enter the credit information system, it will have a serious impact on users' application for credit cards or loans in the future. Even if they can get a loan, the loan amount will be greatly reduced.
2. Generate corresponding penalty interest and overdue fine.
Whatever the reason, as long as the mortgage is overdue, the bank will call to remind the borrower to repay, and as long as the repayment is overdue, there will be a penalty interest. The penalty interest of different loan banks is different, which is basically 30%-50% higher than the original loan interest rate.
3. Be sued by the bank.
Banks will set default clauses in mortgage contracts. If the loan is overdue for three consecutive times or six times in total, the borrower is required to repay all the principal and interest of the loan in one lump sum.
If the user's mortgage has not been repaid for more than 3 months, the bank will bring a lawsuit to the court according to the loan contract and guarantee contract. The court will take measures such as property preservation, freeze deposits in all bank accounts of lenders and guarantors, and seal up pledged property.
If you don't pay for more than three months, it will be very serious. If the loan bank collects the loan according to law, it will bring a lawsuit to the court according to the loan contract and guarantee contract (mortgage or pledge contract), and the court will take measures such as property preservation, including freezing the deposits in all bank accounts of the lender and loan guarantor and sealing up the pledged property.
After the judgment is made, the property will be enforced according to law (deducting deposits, auctioning collateral, etc.). ) to repay the bank's loan losses. Specifically, it includes: loan principal, loan interest, overdue interest, penalty interest, and all litigation costs arising therefrom, and related expenses incurred when disposing of pledged property.
If the loan debtor is unable to repay the bank loan, he can communicate with the loan bank before the deadline and reach an agreement on the main repayment items through consultation. If the communication is overdue, the debtor of the loan will be charged liquidated damages and penalty interest by the loan bank, and even enforced by the people's court with jurisdiction.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 196 of the Criminal Law of People's Republic of China (PRC)
If one of the following circumstances constitutes the crime of credit card fraud or theft, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.