1. Credit card debt litigation process

1. If a bank files a civil lawsuit in court, the court 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 crime of credit card fraud 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 in the court.

3. Article 6 of the "Interpretation of the Supreme People's Court and the 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 intends to illegally possess the card , 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 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 the bank files a lawsuit, the handling process is as follows:

1. If you are truly unable to repay, you should negotiate with the bank to extend the repayment period or repay in installments.

2. If the bank sues and wins the case in court, if you fail to fulfill the court judgment within the performance period, you can apply to the court for enforcement.

3. When accepting compulsory execution, the court will inquire about the properties, vehicles, securities and deposits under your name in accordance with the law.

4. In addition, if there is no enforceable property in my name and I refuse to fulfill the effective judgment of the court, negative information such as overdue repayment will be recorded in the personal credit report and high consumption and high consumption will be restricted. You may even be subject to judicial detention when entering or leaving the country.

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" stipulates that anyone who is capable of executing a judgment or ruling of a people's court but refuses to do so, if the circumstances are serious, shall be sentenced to a fixed term of not more than three years. imprisonment, detention or 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.