Legal analysis:
The consequences of the guarantor: 1. If the loan is not repaid, the guarantor will of course be responsible for the repayment. But pay attention to the scope of the guarantee and the liability period of the guarantee
2. If the debtor fails to fulfill its repayment obligation after borrowing money, in which case the guarantor will not bear responsibility, then the previously set guarantee will be It doesn't make any sense anymore.
3. There are many forms of guarantee, such as mortgage, pledge and guarantee. Attention, deposit, etc. The way the guarantor assumes responsibility depends on the specific guarantee method set up. If a credit card owed to the bank is not repaid when it is due, the bank will record the debt in its credit file. If the debt is not repaid for a long time, the bank can file a lawsuit against the debt and the unpaid debt will be included in the court's judgment. The person subject to execution for breach of trust. Serious credit card defaults are also classified as malicious overdrafts, which are violations of criminal law.
According to the provisions of the Civil Code, in accordance with the provisions of a contract or in accordance with the provisions of the law, a specific relationship of rights and obligations arises between the parties. The person who enjoys the rights is the creditor, and the person who bears the obligation is the debtor. . The creditor has the right to require the debtor to perform its obligations in accordance with the provisions of the contract or in accordance with the provisions of the law.
Legal basis:
Article 108 of the "People's Republic of China and Civil Law" Debts must be paid off. If the debt is temporarily unable to repay, the debtor may repay it in installments with the creditor's consent or the people's court ruling. If the person is able to repay and refuses to do so, the People's Court shall make a judgment to force repayment.
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever commits credit card fraud in any 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 A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined 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 fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:
(1) Using forgery or using a credit card fraudulently obtained with false identification; (2) using an invalid credit card; (3) fraudulently using other people’s credit cards;
(4) ) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.
Derived questions:
What are the consequences of not paying back the money you owe the bank?
If the credit card owed to the bank is not repaid when it is due, the bank will record the debt in its credit file. If the debt is not repaid for a long time, the bank can file a lawsuit against the debt. Those who repay will also be listed as dishonest persons subject to execution. Serious credit card defaults are also classified as malicious overdrafts, which are violations of criminal law.
According to the provisions of the Civil Code, in accordance with the provisions of the contract or the provisions of the law, a specific relationship of rights and obligations arises between the parties. The person who enjoys the rights is the creditor, and the person who bears the obligation is the debtor. . The creditor has the right to require the debtor to perform its obligations in accordance with the provisions of the contract or in accordance with the provisions of the law.