1. What is the procedure for overdue credit card lawsuits?

1. If a bank files a civil lawsuit in the court, the court shall start from the date of receipt of the litigation materials. A decision will be made within 7 days on whether to accept the application.

2. If the amount of debt reaches 10,000 yuan and the bank has not paid it back after two collections for more than three months, 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 for the procuratorate to file a public prosecution in court.

Criminal Law Article 196 Criminal Law Article 196

Whoever commits credit card fraud in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to: A fine of 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 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 10 years or more. 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 a credit card obtained by using false identity certificate;

( 2) Using an invalid credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The so-called malicious overdraft referred to in the preceding paragraph refers to the cardholder’s behavior of exceeding the prescribed limit or time limit 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.

2. What are the penalties for overdue credit cards?

Debtors with credit card debts of less than 50,000 yuan cannot take any transportation that requires the use of identity documents, and their various bank accounts will be Being sealed up, the debtor's children will face big problems in the future.

Debtors who owe more than RMB 50,000 on a single credit card will be criminally liable and will be subject to the following penalties.

1. Those who are found to be credit card fraud involving a large amount 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;

2. If the amount involved is huge, 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;

3. If the amount involved is particularly large, he shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 10 years or more. Life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan or the debtor's property being confiscated.

Speaking of which, some friends may not quite understand what kind of behavior will be considered credit card fraud.

1. Malicious overdraft of a credit card for the purpose of illegal possession, exceeding the prescribed limit or prescribed period, and the credit card has not been returned despite multiple calls from the card issuer.

2. Use someone else’s credit card to make purchases if it is not your own.

3. Use invalid or counterfeit credit cards.

4. Pretend to use other people’s identities to defraud credit cards that are not real identities.

Overdue credit card prosecution process

3. What should I do if an overdue credit card affects my credit report?

1. What should I do if my credit record is bad?

1. Bad records can be deleted

Bad records will exist in your personal credit record for 5 years. Bad records can be deleted after 5 years if you also claim all the money you owe. If it is just a bad record caused by a credit card, as long as you repay it in full and on time for 2 years, the bad credit record will be eliminated and the personal credit investigation will return to normal records.

If the bad record is not caused by personal reasons, you can ask the bank to issue a certificate of non-malicious debt.

2. Everything is important

If you have bad records three times in a row for a total of six times within two years, then basically every bank will refuse to lend to you. If you are overdue for two to five years, a bank with an overdue record will give you a non-malicious overdue certificate. Then the bank will still give you a loan, but for other customers with good credit records, your loan interest will be increased and the amount will be reduced.

3. Cancellation of the card cannot eliminate bad records

Some people may think that if you pay off the credit card debt with bad records and then cancel the credit card, the bad records will be eliminated. it's out of the question.

To restore a normal credit record, you can only continue to use the credit card for 2 years and maintain good repayments until the bad record is eliminated.

4. Seriously overdue

If you are seriously overdue, no one can help you, and you have entered the bank's blacklist. It is impossible for the bank to lend you a loan, you just choose to buy a house yourself.

Don’t panic if your debt is overdue. Legal assistance will help you negotiate, and a professional team of lawyers will plan a repayment plan for you one-on-one.