1. How long will the credit card be sued for overdue enforcement?
Cardholders whose credit cards are overdue for more than 3
1. How long will the credit card be sued for overdue enforcement?
Cardholders whose credit cards are overdue for more than 3 months, that is, more than 90 days, will be sued by banks and enforced. In other words, users who are overdue for more than three months or who have not repaid the loan after being urged by the bank for more than two times will be enforced. In addition, banks will freeze users' cards and list them as prohibited customers.
Article 196 of the Criminal Law stipulates that in any of the following circumstances, if the amount of credit card fraud is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially 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 confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Malicious overdraft is the main risk form in credit card business and a part of credit card fraud.
Second, how to negotiate with the bank when the credit card is sued for overdue?
After the credit card is sued for overdue, you should negotiate with the issuing bank about repayment. After receiving the court summons, you should immediately contact the issuing bank to show that you have no malice. After explaining the reasons for not repaying on time, the bank will not immediately ask for repayment. If you really have no money to repay, you can express your current difficulties to the bank and negotiate a new repayment plan with the bank. After the new repayment plan is determined, it must be repaid in time, and there can be no more overdue situations.
3. What are the consequences of overdue credit cards?
1. Expenses such as overdue interest and liquidated damages. : Calculate the interest from the overdue date of the credit card, which is generally five ten thousandths of the daily interest, and compound interest is calculated monthly; The liquidated damages are generally 5% of the unpaid part of the minimum repayment amount.
2. Bad credit record: after the deadline, the personal credit report will produce bad records, which will affect the future loan application.
3, may face criminal responsibility: if the long-term overdue and overdue amount is large, then you may receive a reminder from the bank; If the bank still fails to repay the arrears after being reminded, it may face criminal responsibility.
If the cardholder fails to return the credit card on time, it will not only leave a bad personal credit record, but also be sued by the bank after the deadline. If it reaches the point of being sued, the cardholder should pay off the debt as much as possible before the court session and obtain the understanding of the bank's withdrawal. Those who really have no repayment ability should actively respond to the lawsuit. Generally, it takes about half a year from prosecution to execution.