After being sued for an overdue credit card and filing a case, the party concerned needs to pay off the debt in a timely manner, otherwise it will be dealt with directly through legal procedures. If he does not fulfill his obligations after the judgment is made, then another One party has the right to apply directly for enforcement.
1. How to solve the case after being sued for overdue credit card? If the party is sued for overdue credit card, it is a civil debt dispute. It is recommended that the party repay the arrears as soon as possible, so that the bank will not sue the party. . For malicious overdraft behavior and the card-issuing bank's collection fails, in addition to immediately stopping payment, the guarantor should also be contacted as soon as possible to require it to perform its guarantee obligations when due. If the guarantor refuses to perform its guarantee obligations, judicial means should be adopted to resolve the issue. my country's "Criminal Law" stipulates malicious overdraft behavior as a type of credit card fraud, and its constituent elements are: 1. The cardholder is a legal cardholder. If the card is stolen or used fraudulently, it constitutes theft or fraudulent use of another person's credit card. behavior and does not constitute malicious overdraft. 2. The cardholder’s subjective intention is direct and intentional, and the purpose is to illegally occupy bank funds. 3. The cardholder has objectively committed malicious overdraft behavior, causing economic losses to the card-issuing bank. 4. The cardholder still refuses to return the money after being called by the card-issuing bank, and the amount is large or the time is long enough to reach criminal penalties. For malicious overdraft behavior that meets the above-mentioned constituent elements, in accordance with the relevant provisions of my country's Criminal Law and Criminal Procedure Law, the public security organs can file a case for investigation, and the procuratorial organ can file a criminal lawsuit with the People's Court to pursue criminal charges against the perpetrators of malicious overdrafts. responsibility.
2. What are the penalties for the crime of information card fraud? According to the "Criminal Law": Article 196 The crime of credit card fraud involves one of the following circumstances: credit card fraud activities, the amount is relatively large , shall be sentenced to fixed-term imprisonment of not more than five years 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 huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of 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 5 years but not more than 10 years or a fine of not less than 50,000 yuan but not more than 500,000 yuan. Life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification. (2) Using an expired credit card. (3) Pretending to use 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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. Based on what has been said above, the behavior of overdue credit cards has violated the legal provisions of our country, and will also cause losses to the interests of others. As long as a lawsuit is filed, the debtor needs to repay the debt in a timely manner, otherwise he will bear legal liability. Therefore, you need to fulfill your obligations yourself, otherwise it will constitute a serious criminal offence.