The specific result of being sued for a credit card is that the court will order repayment, and the debtor must actively respond to the lawsuit and repay the debt in accordance with the court's decision.

Credit cards, also called credit cards, are credit certificates issued by commercial banks or credit card companies to consumers with qualified credit. It takes the form of a card with the name of the issuing bank, validity period, number, cardholder name and other contents printed on the front, and a magnetic stripe and signature strip on the back.

1. What to do if your credit card is overdue

1. If your credit card is overdue, it is not intentional, so there is no need to panic. First of all, most banks have repayments. If there is a deadline, just pay off the overdue bills within the appropriate time. If you have exceeded the graceful repayment period, don’t worry. You can call the bank and inform the bank, explain to the bank that you did not intentionally overdue, show your sincerity, and then obtain the bank’s consent to repay the loan. The bill is paid in full.

2. After the credit card is overdue, you should pay attention to the following three points:

(1) The first point is to pay the debt in full

The overdue time The longer it is, the more penalty interest will be incurred. In addition, if it exceeds three months, you will also be legally responsible.

(2) The second point is that you must answer the phone call from the bank.

If you don’t answer the phone, the bank will think that you are overdue on purpose, and may even run away and treat it as Malicious overdraft.

(3) The third point is to continue to use your credit card and repay it on time

If there is an overdue record on your personal credit report, it will be retained for five years. During this period , you need to use your card healthily to wash away the stains. Good card usage behavior will slowly cover up your overdue records.

2. What is the crime of credit card fraud

1. According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the use of credit cards to commit fraud for the purpose of illegal possession, in violation of credit card management regulations Activities, the behavior of defrauding large amounts of property.

2. The use of credit cards generally refers to the use of counterfeit or invalid credit cards or fraudulent use of other people’s credit cards or malicious overdrafts to conduct fraudulent activities.

3. The crime of credit card fraud is a type of fraud crime. The relationship between this crime and the crime of fraud is the relationship between special law and general law. In this crime, credit card is a criminal tool, not a criminal object.

4. If the perpetrator uses credit cards as a criminal tool to carry out fraudulent activities, he shall be convicted and punished for this crime in accordance with the principle that special laws are superior to general laws.

Therefore, the crime of credit card fraud is simply a criminal activity of fraud committed by using the credit reflected in the credit card.

3. What will happen if a credit card is overdue and is sued?

1. The bank’s continuous reminders

When a borrower repays overdue, the bank’s credit card customer service The center will first make multiple phone calls; if the payment is still outstanding, the bank will entrust a third party to collect the money, usually through continuous phone calls, text messages, or even door-to-door collection; after repeated calls for payment but not repayment, the bank will The court prosecutes.

2. Being sued by the bank and unable to apply for a loan

The cardholder will be added to the credit blacklist and unable to apply for a loan. The court will collect collection. After receiving the court summons, after investigation and Persuade and urge repayment, but if the cardholder refuses to repay, the court can take enforcement action; subsequently, the court will liquidate the cardholder's assets to repay the card debt and freeze the relevant property.

3. Malicious default will lead to imprisonment and fines

A credit card that is overdue for three months can be regarded as a malicious overdraft penalty. However, if you communicate with the bank in advance and prove your repayment, If you have a repayment ability and a repayment plan, you will generally not face criminal liability. However, the court ruled that cardholders who still do not return will be dealt with in accordance with the "Criminal Law". In serious cases, they may face consequences of three years in prison and fines. In particularly serious cases, they may face longer term imprisonment of three to seven years and fines. fine.

4. If a bank sues a credit card due to default, the following adverse consequences will occur

1. If the customer still refuses to repay the loan after being judged by the court, the customer is likely to be listed by the court. Among the list of dishonest persons subject to execution, daily consumption and travel will be restricted; the court is also likely to enforce the order, freeze the property in the customer's name, and deduct the funds to repay the debt. If you are suspected of maliciously overdrafting your credit card, you are likely to be sentenced to jail.

2. Whenever an overdue payment occurs, the bank will report it to the central bank for credit reporting, leaving a bad record in the personal credit report, and personal credit will be damaged as a result.

3. Due to credit problems, customers will most likely be hindered from applying for new credit services in the future, and they may be able to successfully apply for them in a short period of time.

4. From the day of overdue payment, penalty interest will be calculated at a daily interest rate of 0.5% until all is paid off. The longer the customer is overdue, the more penalty interest will be incurred. At that time, the customer will have to repay more, and the repayment pressure will continue to increase.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 196 The crime of credit card fraud shall be carried out under any of the following circumstances. Whoever commits credit card fraud if 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 shall also be fined 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have his property confiscated:

(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.