After the credit card is overdue, the bank will not sue first, but will carry out a series of collection work to achieve the purpose of repayment. If you can pay off the arrears, you will generally not go to court to sue.
1. Will the overdue repayment of credit cards be prosecuted by the bank?
Generally speaking, if the credit card is overdue, you may encounter the following consequences:
1. If the repayment is not made in time, the personal credit record will be affected. This is the first thing. If it is overdue, it will be broken.
2. Once there is a bad record on personal credit information, it will affect all kinds of loan applications, credit card applications and even going abroad in the future. This is not a problem that affects the continued swiping.
3. If the arrears are not paid for a long time, there will not only be high late fees and interest;
4. It is also possible for the bank to classify this part of the arrears as malicious overdraft, that is to say, malicious overdraft, and the bank will have the right to bring judicial proceedings against cardholders who fail to repay for a long time.
5. In practice, after handling a credit card, if it is overdue for more than three months or the bank reminds it twice or more, the bank will freeze the card and list it as a prohibited customer, and then the bank will sue the court.
Second, what should I do if I don't pay back the credit card for the time being?
1. Call the bank customer service in time to negotiate a deferred repayment.
(1) Generally, most banks will allow cardholders to call to apply for deferred repayment, and the extension period is generally one week.
(2) Therefore, as long as the money is returned within the delay period, the late payment fee can be waived.
2. You can pay the minimum repayment first.
(1) Every bank will set a minimum repayment amount for credit card holders. As long as the cardholder can repay this minimum amount, the bank will not charge late fees and will not affect the cardholder's personal credit.
(2) In practice, this minimum repayment amount is 65438+ 00% of the bill amount.
3. Request to change the final repayment date.
(1) If the final repayment date happens to be when funds are tight, you may wish to negotiate with the issuing bank to change your repayment period.
(2) According to the actual situation, we can choose the last repayment date as two or three days after the salary is paid, so that we can have enough money to repay and avoid our unrestrained consumption next month.
According to the relevant laws and regulations of our country, if the credit card is in arrears for more than three months, it has already met the conditions for banks to sue for card fever. However, if the cardholder still has a positive repayment intention and prepares funds to fulfill the repayment obligation, he can contact the credit card center to explain the situation to avoid being sued.
legal ground
Article 122 of the Civil Procedure Law
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 667 of the Civil Code is a loan contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.
Article 678 The borrower may apply to the lender for extension before the repayment period expires. If the lender agrees, it can be extended.