It will take at least 3 months for the bank to sue if your credit card is overdue. Whether the consequences are serious depends on the amount of your overdue payment.
As for whether you can negotiate with the bank, each bank is different. Some banks can do it, and some banks can't. The decision-making power lies in the hands of the bank, and the bank has the final say.
There are two types of prosecution:
1. Civil prosecution: Although there is no standard amount for overdue credit card prosecutions, banks will not sue you casually, and the cost of prosecution is relatively high. , ranging from a few thousand to tens of thousands. If you are sued and you don’t have the money to pay back, the bank will have to pay the lawyer’s fees, litigation fees, etc. out of your own pocket, and the losses will be even greater.
2. Criminal proceedings: According to the civilized provisions of Article 196 of the Criminal Law, only those who have been overdue for three months and have been effectively called by the bank twice and still refuse to repay the loan can be classified as malicious overdrafts, and the amount must be within five years. Only if it exceeds 10,000 yuan will it be considered criminal responsibility.
So if you owe less than 50,000 yuan, you don’t have to worry about whether you will go to jail, but civil prosecution is still possible.
But some people have also heard another saying: "Repaying tens or hundreds every month shows that you are willing to repay, but you are unable to repay. It is not a malicious overdraft, so you will not You will be prosecuted by the bank and will not go to jail.”
According to relevant laws and regulations: If a credit card is overdue for more than three months and the amount is more than 50,000 yuan, it may be found to be a crime of credit card fraud, which means that it may be a crime. There is jail time.
For example: If the overdue amount is relatively large and you owe the bank 200,000 yuan, and you pay 100 yuan every month, can you always keep the 200,000 yuan?
Obviously, this is definitely not possible. However, being able to repay a little every month is at least better than completely defaulting on the loan and not paying a penny. At least it proves to the bank that you are willing to repay.
But the effect it can have is really limited, let alone avoiding prosecution or opening a case.
What are the consequences of an overdue credit card?
1. Entering the credit card blacklist, which will subsequently lead to the inability to apply for housing loans, car loans, etc.
2. Overdue late payment fees and high penalty interest will occur.
3. In the face of bank debt collection, transportation will be restricted and affected.
4. The most serious consequence is failure to pay after repeated collections. If the amount is relatively large, the bank will sue and you will bear criminal liability.
The best way after your credit card is overdue is definitely not to escape. On the contrary, you should actively respond. Even if you cannot repay the loan on time due to your own financial situation, you must find ways to solve the problem as soon as possible.
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