Generally, if you fail to repay after three months or two reminders from the bank, the bank will sue you for credit card fraud and malicious overdraft, and the court will enforce it.
Not only that, but you also have to bear civil liabilities, including repayment of the principal of the debt, overdue interest, etc., and you will also have a bad credit record. The specific prosecution process is as follows:
(1) The bank notifies you that you need to repay the loan. If you do not repay, you will be sued;
(2) The bank formally files a lawsuit, and then you will receive a summons;
(3) The subpoena may be sent to your home or work;
(4) Then you will appear in court on the day of the trial, and then the court will sentence you to pay back the money. And formally inform you of the consequences of not repaying the money;
(5) If you insist on not changing the money, the bank will apply for enforcement and confiscate your finances.
(6) If you still insist on not paying it back, you will go to jail.
Extended information:
A lawsuit will be accepted for more than the amount of debt owed by the bank
A call means that you have not repaid the debt on the last repayment date specified by the bank. Once the amount is deposited into your credit card account, the bank will use various means to urge you for repayment. Commonly used methods include telephone calls and letterhead reminders.
Overdue record If you fail to deposit the repayment amount (or minimum repayment amount) into your credit card on the last repayment date specified by the bank, the bank will consider your credit card to be overdue and will be included in your personal tax. The credit system creates credit stains. All banks’ overdue records are shared by the public. So if you are continuously overdue in one bank, don’t expect other banks to give you credit cards. Including future applications for home loans, car loans, etc., you will be punished. reject.
Legal penalties for serious overdue credit card payments or significant amounts will constitute criminal acts such as credit card fraud. According to Article 196 of the Criminal Law, anyone who commits credit card fraud with a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall 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 If the amount is particularly huge or there are other particularly serious circumstances, the person 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. Fines of up to 10,000 yuan or confiscation of property
Credit card fraud includes using forged credit cards, using invalid credit cards, fraudulently using other people's credit cards, and malicious overdrafts.
The amount of the debt is not a condition for the court to accept it. As long as it meets the conditions stipulated in the Civil Procedure Law, the court will accept it.
Legal basis: Legal basis: "Interpretations 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" Article 6 The cardholder exceeds the regulations for the purpose of illegal possession If the overdraft exceeds the limit or specified period and is not returned for more than 3 months after being called upon twice by the card-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.