The routine execution methods of the court generally include:
1. Check and control the property information of the executed person through the network, and search the specific information of the property under the name of the executed person through the data of all property registration authorities for subsequent direct execution;
2. Freeze and deduct the bank card, WeChat, Alipay and other accounts. After freezing the bank account or Alipay WeChat wallet, you can directly deduct the balance;
3. auction the house property and motor vehicle under the name of the person subjected to execution or directly deduct the price. If there are cars and houses under the name of the person subjected to execution, you can directly use the auction proceeds to pay off debts after judicial auction.
in order to avoid the above situation, it is necessary to raise an execution objection or reach an execution settlement with the other party before the court executes it.
2. What will happen if the credit card is sued for overdue
1. The bank's continuous dunning
(1) When the borrower's overdue repayment occurs, the bank's credit card customer service center will first call for many times;
(2) If the payment is still unpaid, the bank will entrust a third party to collect it, usually by continuous phone calls, text messages or even home calls;
(3) after repeated reminders, the bank will sue the court.
2. If the cardholder is sued by the bank, he can't get a loan
The cardholder will be added to the credit blacklist and can't get a loan, and the court will make a collection. After receiving the court summons, he will be urged to repay the loan after investigation and persuasion, but if the cardholder refuses to repay the loan, the court can take compulsory enforcement; Subsequently, the court will realize the cardholder's assets to repay the card debt and freeze the related property.
3. Malicious default, facing imprisonment and fines
(1) A credit card that is overdue for three months can be regarded as a malicious overdraft fine, but if you communicate with the bank in advance and prove your repayment ability and repayment plan, you will generally not face criminal responsibility.
However, the cardholder who refuses to return after the court's judgment may face the consequences of three years' imprisonment and fines if the circumstances are serious, especially three to seven years' imprisonment and fines.
Legal basis:
Article 131 of the Criminal Law of the People's Republic of China (1) The person subjected to execution conceals, transfers, intentionally damages or transfers property for free, or transfers property at an obviously unreasonable low price, so that the judgment or ruling cannot be executed;
(2) The guarantor or the person subjected to execution conceals, transfers, intentionally damages or transfers the property that has provided a guarantee to the people's court, so that the judgment or ruling cannot be executed;
(3) the obligor for assisting in execution refuses to assist in execution after receiving the notice from the people's court for assisting in execution, which makes the judgment or ruling impossible to execute;
(4) The person subjected to execution, the guarantor and the obligor for assisting in execution collude with the staff of the state organ, and use the authority of the staff of the state organ to obstruct the execution, so that the judgment or ruling cannot be executed;
(5) Other circumstances in which the person has the ability to execute and refuses to execute, and the circumstances are serious.