1. Will I be sentenced if I fail to pay off my credit card?
As long as there is no malicious act of defaulting on an overdraft credit card, you will generally not go to jail. Credits and debts are civil disputes. Generally, cardholders who fail to repay their credit cards will be collected by the bank and required to bear overdue interest. If the loan is not repaid for more than three months, you can file a lawsuit in court.
1. If you owe a credit card and file a lawsuit with the bank, you may not necessarily go to jail. This depends on the specific circumstances.
2. Failure to repay a credit card debt when due is a breach of contract in civil law, and the debtor shall bear corresponding liability for breach of contract in accordance with the terms of use of the credit card.
3. Under normal circumstances: If the cardholder maliciously overdrafts more than 50,000 yuan of credit for the purpose of illegal possession, and if the card-issuing bank still fails to return it after two collections for more than 3 months, the credit card will be used as a credit card. Criminal liability for fraud.
2. What to do if you really can’t afford to pay off your credit card
1. If you can’t pay off your credit card, you can apply to the bank for minimum repayment or deferred repayment.
2. If the overdraft amount reaches more than 50,000 yuan for the purpose of illegal possession, and it is still not returned for more than 3 months after two collections by the card-issuing bank, it will be suspected of malicious overdraft and you need to bear the corresponding liability. legal liability.
3. If overdue behavior occurs, pay off the debt in time.
3. What will happen if you are sued for an overdue credit card?
1. Continuous reminders from the bank
(1) When a borrower overdues payment, The bank's credit card customer service center will first make multiple phone calls;
(2) If the payment is still outstanding, the bank will entrust a third party to collect, usually through continuous phone calls, text messages, or even door-to-door collection; If the loan is not repaid multiple times, the bank will file a lawsuit in court.
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 result in imprisonment and fines
If your credit card is overdue for three months, it can be considered 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.
When a credit card debtor is unable to repay the credit card debt due to various reasons, the debtor must communicate with the card-issuing bank in a timely manner, because if the debtor evades debt repayment, it will be deemed as malicious. , and will be sued by the card-issuing bank. In serious cases, the card-issuing bank will also report the matter to the public security organs.