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How much does it cost to be sued for an overdue credit card?

Hello, you can file a lawsuit if your credit card is overdue for more than 10,000 yuan.

If you file a lawsuit, it usually takes about 120 days.

For malicious overdrafts of more than 10,000 yuan on a credit card, if the cardholder uses it for illegal possession and fails to return it for more than 3 months after two collections by the card-issuing bank, he is suspected of credit card fraud and can file a case. Investigate and pursue criminal responsibility. If all overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, the punishment may be reduced or criminal liability may be waived.

A malicious overdraft refers to the cardholder’s overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the card for more than three months after being called upon twice.

1. Within 30 days, the customer service department of the credit card center will call or send text messages to demand repayment. Within 30 days or less and within 90 days, the collection department will make multiple calls, text messages, or emails to demand repayment. The bank will notify you.

2. If it takes more than 90 days, it will be handed over to the legal department for processing. In the early stage, it is usually handled by a lawyer's letter or a phone call. In the later stage, materials will be prepared and handed over to the economic investigation, or directly prosecuted, or handed over to a low-party third-party company for door-to-door collection.

3. If you file a lawsuit, it usually takes about 120 days.

my country's "Criminal Law" stipulates that if a cardholder overdrafts beyond the prescribed period and still fails to return it after being called by the card-issuing bank, cardholders who use counterfeit credit cards, etc., if the amount is relatively large, may be fined for five years. or to fixed-term imprisonment 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 particularly huge or the circumstances are other particularly serious, the offender 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 have property confiscated.

"Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 54 [Credit Card Fraud Cases (Criminal Law Article 196)] Carrying out credit card fraud activities is suspected of Under any of the following circumstances, a case shall be filed for prosecution:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card, or fraudulently using another person’s credit card, Carrying out fraudulent activities with an amount of more than 5,000 yuan; (2) Malicious overdraft with an amount of more than 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all the overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

Penalty interest will be charged for overdue payments. Starting from the overdue date, a penalty interest rate of 150 RMB will be charged on the overdue amount every day until the overdue amount is paid off. Your overdue record will be reported to the People's Bank of China for credit reporting, which will affect your credit record. Please cherish your credit and repay on time.

If the loan is overdue for more than a certain period, the relevant records of the overdue user will be transmitted to the central bank's personal credit system. In addition to uploading overdue information to the central bank's personal credit reporting system, lending will continue to cooperate with third-party credit reporting agencies such as Qianhai Credit Reporting, Shanghai Credit Reporting, and Pengyuan Credit Reporting.

For loans that are overdue or not used for the purpose stipulated in the contract, interest will be charged at a penalty interest rate from the date of overdue or the loan is not used for the purpose stipulated in the contract until the principal and interest are repaid.

For interest that cannot be paid on time, compound interest will be calculated based on the penalty interest rate.

Article 207 of the Contract Law stipulates, “If the borrower fails to repay the loan within the agreed time limit, he shall pay overdue interest in accordance with the agreement or relevant national regulations.”