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What will happen if you fail to appear in court if your credit card is overdue?

Depending on the specific situation

If a defendant who must appear in court refuses to appear in court without justifiable reasons after being summoned twice, the people's court may summon him by arrest

If the defendant refuses to appear in court after being summoned by subpoena without justifiable reasons, or leaves the court midway without the permission of the court, a default judgment may be made

If the parties who must appear in court and other litigation participants fail to appear in court without justifiable reasons , the court hearing can be postponed

If you are overdue for more than three months or have not repaid the bank reminders more than twice, the bank will freeze your card and list you as a prohibited customer (blacklist). At the same time, You may also be sued for credit card fraud and malicious overdraft, and the court will enforce it. If you refuse to repay after being sued and the amount you owe exceeds RMB 10,000, the court will impose a sentence based on Article 196 of the Criminal Law for the crime of credit card fraud!

Article 196 of the "Criminal Law" stipulates that anyone who commits credit card fraud under one of the following circumstances and the amount is relatively large 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 less than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is extremely 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to a fixed-term imprisonment of not less than five years but not more than 10 years. Fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

A malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank. Malicious overdrafts are a major form of risk in the credit card business and are part of credit card fraud.

Failure to appear in court after receiving a summons will have three consequences:

1. Summons to court

Summons refers to the people's court forcing the defendant to appear in court under legal circumstances. a coercive measure.

A summons is for a defendant who must appear in court. Article 109 of the "Civil Procedure Law of the People's Republic of China" stipulates: "If a defendant who must appear in court refuses to appear in court without justifiable reasons after being summoned twice by the people's court, the people's court may summon him by arrest." Only defendants who must appear in court may be summoned by arrest warrant. Only the defendant can be summoned.

Procedurally, the defendant who is summoned must have passed two summonses, that is to say, the court must issue two summonses before taking the summons. Justifiable reasons refer to force majeure causes or facts that make it difficult for the defendant to foresee and overcome difficulties on his own. Only in the absence of these justifiable reasons can the defendant be summoned.

The "Civil Procedure Law" stipulates that summons must be approved by the president. A custodial summons shall be issued. Therefore, if you are the defendant and must attend the court hearing, if you do not appear in court without a valid reason, the court can issue a summons to force you to appear in court.

2. Treated as withdrawn

The withdrawal of the lawsuit is directed at the plaintiff who filed the lawsuit.

According to Article 143 of the Civil Procedure Law, if the plaintiff refuses to appear in court without justifiable reasons after being summoned by a subpoena, or leaves the court midway without permission from the court, the case may be treated as withdrawn. That is, if you sue the court for a certain matter, and the court issues a summons to you to appear in court, but you have no valid reason and refuse to appear in court, the court may dismiss the case.

3. Default judgment

A default judgment is a judgment made by the court in the absence of one party. That is to say, if a judgment is made without you making any defense, then the result can be imagined. There is no non-receipt of a subpoena. Even if the person being summoned cannot be found, the court can announce the service. After a certain period of time, it will be deemed to have been received.