Don’t worry, it’s over now, don’t panic.

A friend of mine was once summoned by the court to enter judicial proceedings because he defaulted on a million-dollar bank loan.

Then in court, all you need to do is:

First, be sincere;

Second, negotiate with the bank.

Remember, the purpose of the bank is to make you pay back the money, not to put you in jail! Therefore, as long as you can come up with an attitude and plan to repay the money, banks and courts will be lenient.

You can make several requests and methods with the bank:

1) Appropriately reduce your repayment interest;

2) Appropriately lengthen your repayment cycle;

3) Appropriately impose some small penalties;

As long as you give the bank and the court a so-called repayment plan, they will basically not do anything to you. With a capital of 70,000 yuan, you can repay it in installments over a period of 1 to 2 years, and pay back about 3,000 yuan every month, and the problem will be solved.

Don’t worry, it’s only 70,000. It’s not 7 million, the sky won’t fall! !

However, it is important to keep your word and be honest, otherwise your credit will be seriously damaged in the future and you will be in great trouble!

70,000 yuan in credit card debt is indeed a lot. Under normal circumstances, if your overdue amount is more than 50,000 yuan and the overdue time is more than 6 months, the bank will basically sue you. Of course, it is not a terrible thing to go to court. As long as you take active measures to deal with it, there is still some room for recovery.

Currently you have two options.

The purpose of the bank is not to sue everyone to the court. The most fundamental purpose of the bank is to hope that everyone can pay back the money. Your case will be heard in court next Tuesday. You can negotiate a solution with the bank before the hearing.

Of course, now that we have reached the stage of prosecution, the bank will definitely not be willing to negotiate with you for installment repayment. The only thing acceptable is that you can repay the loan in full. If you are able to pay off the 70,000 yuan you owe to the bank in one go, or borrow money from relatives and friends, then the bank will usually agree to negotiate with you and then withdraw the court prosecution.

Of course, after the bank agrees to withdraw the lawsuit, some of the resulting litigation costs must be borne by you. But the withdrawal of the lawsuit is good news for you. After all, having a judicial record is a negative impact on you. Nowadays, many institutions will focus on the judicial records of the parties when approving loans or credit cards, or doing other things. If you have a judicial record in recent years, many things cannot be done. . Therefore, you can collect enough money to pay off the bank credit card debt at once, so that you will not have a lawsuit record after the bank cancels it.

Credit card debt is a very common thing, but credit card debt is generally just a civil dispute and does not involve criminal liability. Therefore, even if the bank sues the court, the final result is usually to repay the debt. Mainly, if you have not committed any illegal or criminal activities, you will not be criminally responsible.

Therefore, if you are unable to pay off the bank debt all at once, you can only go to court to respond. After the court makes its decision, there are only three outcomes.

The first result is that the court makes mediation, and then you only need to implement it in accordance with the court's decision. However, the court's mediation content also varies from person to person. If you are able to repay the loan, the court will generally order you to pay off the bank's debt in one lump sum in accordance with the bank's requirements. If you are unable to repay the loan and do not have any property to enforce the loan, the court may require the bank to suspend the interest rate and suspend the account after verifying your personal assets. The interest-free debit mentioned here simply means that the bank stops charging interest, and then repays the principal and interest owed by the credit card quality inspection in installments, but the maximum installment period cannot exceed 5 years. After the court ruling, you only need to Just repay according to the installment amount.

The second result is that the court determines that you have the ability to repay the loan. For example, if you have a stable source of income and relevant assets in your name that can be executed, the court may rule that you have to repay the bank in one go. However, if you refuse to implement the court's judgment and you don't take it seriously after the court's judgment is issued, then after the validity period of the court's judgment has passed, the bank may apply to the court for the repayment of the debt in your personal name. Asset enforcement involves auctioning the relevant assets in your name to repay the bank's borrowings.

Moreover, during this process, if you deliberately hide or transfer assets in your name to avoid bank debts, the court may eventually sentence you to jail for refusing to execute the court judgment or finding a crime.

The third result is that your credit card is overdue, which constitutes credit card fraud. If this is the case, the problem is more serious. Credit card fraud is criminal liability, and not only will you face a fine, but you may also face the possibility of jail time. As for whether your credit card supervision constitutes a crime of credit card fraud, it is not up to the bank, but to the court. Only if your credit card overdraft is for the purpose of illegal possession, overdrawing the credit card in a large amount beyond your ability, and the overdraft will be Credit card fraud may be committed only if the credit card proceeds are used for squandering and the credit card is not repaid after two bank calls, resulting in the credit card being overdue for more than three months.

If your credit card is overdue, it is not because of a malicious overdraft, but because you really are unable to repay it, and after the overdue period, you did not deliberately avoid the bank's collection, but actively cooperated with the bank's relevant work, and then If you try your best to repay some money every month, it will not constitute a crime of credit card fraud.

In short, no matter which situation you belong to, now that the bank has sued you in court, you must actively go to the court to respond. After the court makes the judgment, if you have no objection, then You must abide by the court's decision and then repay the bank's debt according to the court's decision.

If you have not committed a crime of credit card fraud, even if the court makes a judgment, you will not commit a criminal offense and you only need to repay the money in accordance with the court's judgment.

But I need to remind you that after the court judgment is issued, you must perform it in a timely manner and do not escape responsibility. Otherwise, you are likely to be included in the list of dishonest persons subject to execution by the court. When the time comes, your All aspects of life and work will be greatly affected.

The bank has the right to sue you if your credit card is overdue for more than three months. 70,000 yuan is not a large amount. In 2018, the China Banking Regulatory Commission stipulated that only credit cards with more than 50,000 yuan will be sued. Those with less than 50,000 yuan are civil liability. , it is just an adjustment, but obviously the bank will not prosecute if the amount is less than 50,000, because it will not constitute criminal liability, but the risk of prosecution is still high if the amount is more than 50,000.

There are only a few situations where you can be sued for 70,000 yuan. First, you fail to repay a small amount every month on time, even one or two hundred. Second, you disappear and don’t answer the bank’s phone calls. Third, the information you applied for for the credit card was false and you have used the credit card for less than two years. Fourth, you have property in your name, such as a house and a car, and your debt ratio is not high. You will be sued in the above situations, but the fourth point is that the risk of prosecution is very high, because you have property but no repayment obligations.

No matter what the situation is when you are sued, be brave enough to face the reality and actively respond to the lawsuit. It is best for you to hire a lawyer or experienced person to accompany you as your agent. The court will negotiate with the bank to resolve the matter, and the method of repayment in installments, Or other methods of repaying debts with assets, you must be prepared for the repayment amount. If the negotiation fails, you need to repay it in one go within the specified time. Otherwise, the property in your name will be executed. If you have no property, you will be judged as a dishonest person.

Let me answer, since you have been sued, you should try your best to respond if you can! If you cannot respond to the lawsuit, actively prepare money to fulfill the judgment.

Article 196 of the Criminal Law clearly stipulates that if the bank calls for payment three months overdue and refuses to return it twice, it is considered a malicious overdraft. If the amount exceeds 50,000, you may face criminal liability.

Since the court hearing has been notified, it at least means that you can be sure that there is no risk of criminal liability. The bank should take a civil lawsuit and sue you to pay back the debt. The judgment is enforceable.

Civil litigation will be relatively fair to you and the bank:

First of all, the court will determine the amount of the lawsuit filed by the bank and determine the repayment amount that the defendant should perform based on the circumstances. The interest rates are all within the legal provisions, and the court will not recognize excessive amounts.

Secondly, after receiving the judgment, if you are not satisfied with the judgment, you can appeal to the higher court, which will give you the opportunity to protect your rights and interests.

Finally, you will be given an execution time. Although the judgment is generally 15 working days, you can have more time to process it.

Many people choose to evade after receiving a subpoena, but evasion does not solve the problem. I have seen people who were executed not knowing that they had been executed until they went to buy a plane ticket. This is the case when contact information or registered address is changed.

1. If you can respond to the lawsuit, try to respond to the lawsuit. If you can't go far away, you don't have to go. The evidence for this type of prosecution is relatively clear. If you go, it will just give you one more chance to make a statement. It’s useless if it’s not done properly. In many cases, the place of prosecution is far away from where the defendant lives. The expenses for each trip are several thousand, so it is better to use them for repayment.

2. Actively raise money to prepare to fulfill the judgment. If you are able to repay the debt at this time, it is best to find a way to deal with the debt.

3. After receiving the judgment, you can negotiate with the bank. Although the bank has sued. But the ultimate goal is to repay the money, and the purpose of civil litigation is mainly to repay the money. There are no other penalties.

4. I believe that many people don’t have much money to hire a lawyer now that they are in this position, so lawyer fees can be saved.

Many people are concerned about what will happen if they are sued for overdue credit and fail to pay the debt after a judgment?

1. The judgment will stipulate the time for the defendant to fulfill the judgment. If the judgment has not been fulfilled after the time, the bank can apply for compulsory execution.

2. Once the enforcement is accepted, the defendant’s bank card, WeChat, and Alipay will be frozen.

3. If you still cannot return it, you will be punished as a dishonest person. Once you are executed as a dishonest person, the impact will be very serious.

4. If you are executed as a dishonest person, you can apply to withdraw from the list of executed dishonest persons after settling the debt.

5. The dishonest person mentioned here was executed after the lawsuit and received travel and consumption restrictions. It does not mean that a person is a breach of trust as soon as he is overdue.

You are worried about going to jail. Let me give you some suggestions.

In the understanding of many people, they think that if the bank sues you to court, it will definitely mean going to jail. This is actually a big misunderstanding.

What everyone needs to understand is that credit card disputes are civil disputes, not criminal cases, and jail time is generally sentenced because they involve criminal cases.

Of course, overdue credit cards are not likely to be upgraded to criminal cases because everyone is suspected of credit card fraud. Credit card fraud covers a relatively wide range of crimes, such as forging credit cards, using expired credit cards for overdrafts, etc. . In addition, there is another thing related to the overdue credit card, which is that the overdue credit card constitutes a malicious overdraft.

The so-called malicious credit card 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 the card-issuing bank still fails to return the money for more than 3 months after being called upon twice.

Of course, even if you constitute a malicious credit card overdraft, you will not necessarily go to jail. According to the latest legal documents of the Supreme Court, only a malicious credit card overdraft amount of more than 50,000 yuan will be deemed as so-called "criminal overdraft" in Article 196 of the Criminal Law. Credit card fraud involving “large amounts”.

You currently owe more than 70,000 yuan. I suggest you try to repay the debt to less than 50,000 yuan first, so that it does not count as a large amount.

The court's ruling will basically only order you to repay the bank's debt within a specified time.

If your credit card is overdue and you deliberately avoid the bank’s collection by changing your phone number, address, etc., the bank may determine that you have illegal possession and be sentenced to Malicious credit card overdraft.

So after your credit card is overdue, don’t deliberately avoid the bank’s collection, but actively cooperate with the bank’s work, so that the bank’s collection department will not dare to do anything to you. After all, the bank’s collection is currently mandatory. You can also record it yourself as evidence.

Especially after the court judgment is issued, if you have the ability to execute it, you must execute it in accordance with the court judgment. Do not treat the court judgment as a child's play.

If after the court judgment is issued, you fail to perform relevant responsibilities and obligations within the stipulated time, or even deliberately avoid repayment responsibilities by hiding assets or transferring assets, etc. After this situation occurs, the court will You may be sentenced for refusing to implement a court judgment or ruling. In this way, even if your credit card does not meet the sentencing standards for credit card fraud, you may still face the risk of jail time.

My son graduated from college and owed more than 200,000 yuan in online loans after working for four years. I borrowed money from friends and colleagues to collect more than 100,000 yuan, but it was not enough. I got a call every few days to remind him. I have the heart to die and endless despair. Today I called Xiaoying Kadai and got another 1,600 yuan. He said that if I don’t want to inform the neighborhood committee, I said that I should sue him and let him go to jail so that I can breathe a sigh of relief. He said that there is no way For parents like you, if I'm still worth a few dollars, just sell me to pay off the debt. My salary is 3,000 yuan a month, and I have to pay back more than 10,000 yuan a month. I really can't borrow it. At that moment, I really wanted to die. Out of sight is out of mind. If you give birth to such a son, you can’t just watch him unable to bear the dance. Maybe he can only stop by going to jail. He is endlessly desperate

Let’s look at a real case first, July 2019 Guo, a man from Meizhou, Guangdong, was sentenced to 8 months in prison and fined 20,000 yuan for credit card fraud of 55,000 yuan.

Ordinarily, the amount of debt Guo owes is not high. As long as it is handled normally, he will generally not be sentenced. What is the reason for this situation? Let’s take a look, it’s worth the subject’s reference.

This incident originated in October 2010. Guo went to the bank to apply for a car credit card and applied for a car loan of 85,000 yuan, which was repaid in 24 installments. However, Guo stopped repaying the loan a year later. He successively spent more than 10,000 yuan with his credit card, for which the bank sent collection letters in November 2011 and July 2012. Guo acted cleverly and changed his mobile phone number and went to work elsewhere to avoid contact from bank personnel.

The bank reported to the public security organ in October 2013 that Guo used his credit card to make a malicious overdraft of 55,281.48 yuan. On July 4, 2018, Guo took the initiative to pay off the malicious overdraft on his credit card and obtained the bank’s understanding, but it was too late. It was too late. The court held that Guo maliciously overdrafted his credit card by more than 50,000 yuan and failed to pay it back three months after the bank called for it twice. This constituted the crime of credit card fraud. Considering that he had already repaid the debt and had surrendered, he should surrender according to law. Sentenced to eight months in prison.

From the above case, the subject of the question should be very clear. Bank collection and court prosecution have reached a very serious level. If it is just a civil lawsuit now, hurry up and prepare for repayment, because now banks can find As for you, there is still room for negotiation. As long as the debt is replaced, there will be no big loss if there is a stain on your personal credit report.

If you are so poor now that you have no money, then respond actively to the lawsuit. As long as you don’t deliberately evade, you really have no money and no one can do anything to you, so there will be no problem.

The last method that should not be taken is to avoid. If you evade bank collection like Guo did and do not appear in court to respond, it is likely to be considered a malicious overdraft of a credit card with a limit of more than 50,000 yuan. Not only will you have to Mandatory repayment, fines, and prison sentences are inevitable.

Therefore, it is recommended that the subject actively negotiate with the bank and strive to obtain understanding for repayment as soon as possible.

I have 13 credit cards and owe more than 200,000 yuan. There is no time limit, just a house loan and a car loan. It has been three years now and I can’t get it opened. I swipe the card every month and use this card to get that one. , The east wall is used to make up for the west wall, but today it really doesn’t work anymore. I have been communicating with my wife for many days, and today I sold the house and canceled every credit card. I don’t know how much money I have spent in the past three years, and I didn’t gamble or anything. Credit cards are really harmful, I really regret it. I am a veteran born in the 80s, and my life is quite miserable. I am afraid of going to jail. My wife and I made the decision. I don’t know if it is right for me to sell the house to pay off the debt. I remind everyone to rely on their own abilities. To make money, if you use the credit card regulations well, you can make a fortune, but if you are not able to make money, if your life depends only on this, you will get deeper and deeper in the future, unable to extricate yourself. This is my end. It will be troublesome to be blacklisted and sued by the bank, and it will also affect others. How capable a generation is to figure it out for itself, and have a deep understanding of it!

I have personal experience. I have a card issued by Zhangpu, but it is 4 months overdue. I have received a letter from a lawyer and constant calls every day, even to my home! I also came to the door, and my attitude was very good. I also explained to the collector that I really can't pay back now. The bank negotiated and said that the final plan was to pay off the 50 arrears first and pay the remaining part in 10 installments without interest. At that time, this was really true. is the best result for me! But the troublesome thing is that I really can’t come up with 20,000 yuan! Otherwise, it won’t be overdue. Everyone should understand this! Later, through a friend, I got to know a department. They negotiated with the bank through a lawyer to provide interest-free installments, and finally gave me 32 installments with a monthly repayment of 1,200. This is the result of the process, which really relieved me a lot of stress! I hope everyone can find the right solution. It's useless to be helpless. Cheer up. There are no obstacles that you can't overcome. Life will go on. Those who have children think about their children, and those who don't have children think about their parents! One day, we will definitely turn around! [Strong]

Hold on, I was in a lot more difficulty than you back then. I owed more than one million in 2017, including 400,000 in credit cards, more than 200,000 in friends and relatives, and more than 400,000 in loans. At that time My mind is in a mess every day, and I don’t even have the courage to answer the phone when I see it! My hair turned really white overnight, and I was afraid of the morning when I lay down, and I was afraid of phone calls and people asking for payment. In the end, I survived. Now it’s easy to earn more than 500,000 a year. Brother, hold on, find a good way and wait for the opportunity! Don't fall down! The most important thing is persistence. If you have three hundred and sixty years, you will be number one. Nowadays, in every industry and every industry, there are people who want to make a fortune. It is impossible for many people to get rich as soon as they enter the industry. You must find the right way and persevere. . Men cannot be poor, come on