What is the post-credit card process?

1. Credit card debt litigation process

1. If a bank files a civil lawsuit against the bank, it should decide whether to accept it within 7 days from the date of receiving the litigation materials.

2. If the amount of arrears reaches 10,000 yuan and is not returned for more than 3 months after two collections by the bank, it shall constitute a credit card crime and shall bear criminal liability. After the public security organ files a case for investigation, it usually takes about four months before the procuratorate files a public prosecution.

3. Article 6 of the "Interpretation of the Supreme People's and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards"

The cardholder shall, for the purpose of illegal possession, If the card is overdrafted beyond the prescribed limit or within the prescribed period and is not returned for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and evade after overdraft Bank collections

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

4. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "larger amount" stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 100,000 yuan, If the amount is 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

2. After getting to the bank, the process is as follows:

1. If you really have no ability to repay, you should negotiate with the bank to extend the repayment period or repay in installments.

2. If the bank wins the lawsuit and you fail to fulfill the judgment within the performance period, you can apply for compulsory execution.

3. When accepting enforcement, the property, vehicles, securities and deposits under your name will be inquired according to law.

4. In addition, if there is no property available for execution in the name and the person refuses to fulfill the effective judgment, negative information such as overdue repayment will be recorded in the personal credit report and high consumption and expenditure will be restricted. If you enter the country, you may even be subject to judicial detention.

5. If you have the ability but refuse to execute, you are suspected of refusing to execute the judgment or ruling.

6. Article 313 of the "Criminal Law": Anyone who refuses to execute a judgment or ruling against a people who is capable of executing it but refuses to execute it, if the circumstances are serious, shall be sentenced to not more than three years or criminal detention. Or a fine.

Extended information:

As a credit card holder, once he is unable to repay the loan on time due to unemployment, illness or accident, before the final repayment period arrives, the cardholder will It is best to contact the bank's credit card center proactively, state your financial situation, affirm that you do not owe money maliciously, and apply for delayed repayment and interest discounts.

Based on the cardholder’s active performance and previous good credit record, the bank will often agree to defer the repayment and agree with the cardholder on a mutually acceptable repayment plan, deferment period, interest discount, and Monthly repayment amount, etc. In this way, if you proactively contact the bank and get the bank's consent to defer the repayment, you will not be recorded as a bad record, but it should be noted that you will be guaranteed to repay as agreed in the future.

Credit card overdue process

Credit card debt litigation follows the following process: 1. Bring relevant information to the civil filing hall with jurisdiction

2. Go to the case filing window to file the case and issue a voucher for payment of litigation fees

3. Go to the designated window or bank to pay the litigation fees and hand the receipt to the civil case filing window. The case filing work is completed

4. Wait for the trial court judge to notify the hearing time. After the hearing, the judge makes a ruling in accordance with the law. At this time, the litigation process is completed

According to Article 119 of the "Civil Procedure Law", the following conditions must be met : (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts and reasons; (4) It is a civil lawsuit accepted by the people. Scope and jurisdiction of the people subject to the lawsuit

Legal basis

Article 119 of the "Civil Procedure Law" must meet the following conditions: (1) The plaintiff has a direct interest in the case citizens, legal persons and other organizations; (2) there is a clear defendant; (3) there are specific litigation claims, facts and reasons; (4) it falls within the scope of the people's acceptance of civil litigation and the jurisdiction of the people subject to the lawsuit

What should I do if my credit card is not repaid?

If my credit card is not repaid but is charged, I should repay it in time.

If a credit card holder is credited, if the debt is true but the debtor is temporarily unable to repay, the debtor can take the initiative to reconcile with the creditor in litigation, or initiate mediation with the creditor under the auspices.

Negotiate the method and period of performance of credit card debts, and reach a settlement or mediation through installment payment, provision of guarantees, appropriate extension of the period, etc. to resolve the issue.

If reconciliation or mediation is not possible, a judgment should be made in accordance with the law. brThe borrower shall repay the loan within the agreed period. If there is no agreement on the loan period or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; the lender may urge the borrower to return it within a reasonable period of time.

What to do if a credit card debt is owed

How to handle a court case for credit card debt:

1. Take the initiative to negotiate with the bank. The first thing to do is, of course, to take the initiative. I contacted the bank. You should know that although the bank can, it can also withdraw the lawsuit. Therefore, you can take the initiative to explain the situation to the bank and prove that your situation is indeed difficult. As long as you negotiate with the bank, the bank will generally not make it too difficult for you.

2. Since the credit card repayment is due to the money owed to the credit card, if you want to solve the problem, you naturally need to repay the credit card. Of course, asking you to repay a credit card does not necessarily require you to pay off all the debt in a short period of time. You can negotiate a repayment period with the bank and then pay back a little every month, which shows that you are actively willing to repay the loan. important.

An overdue credit card will cause bad credit, which will have a great impact on your future life. Therefore, once it is overdue, it is recommended to contact the bank in time to repay the loan as soon as possible to avoid being credited. You can also Seek help from a professional attorney for solutions.

That’s it for the introduction to credit card litigation.