1. How can I be sentenced if I am sued for more than 50,000 credit card arrears?
Under normal circumstances, there will be no sentence. According to the relevant regulations of the state, RMB 654.38+0000 to RMB 654.38+00000 are relatively large, and they 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 cardholder maliciously overdraws the credit card by more than 10,000 yuan, and the cardholder refuses to return it after two times of collection by the issuing bank for more than three months, criminal responsibility shall be investigated for the crime of credit card fraud.
Second, how to avoid being sued for overdue credit cards?
1. Stop increasing overdue high monthly penalty interest and liquidated damages.
2. Stop the collection behavior of banks and third parties.
3. Repayment can be made in 60 installments at most after overdue.
4. The bank can avoid suing the borrower.
5. It is possible to reduce the penalty interest and liquidated damages that have already occurred, and even repay the principal in installments.
3. Is overdue credit card an economic crime?
If the credit card is overdue, it needs to be combined with the actual situation to determine whether it is a crime.
1. Whoever forges or fraudulently uses his identity card or business license to apply for a credit card in a bank, or forges, alters or fraudulently uses a credit card to defraud property, if the amount is relatively large, shall be investigated for criminal responsibility for fraud.
2. An individual who, for the purpose of illegal possession, or knowing that he is unable to repay, uses a credit card to maliciously overdraw, defrauds property of more than 5,000 yuan, evades tracing, or fails to return it after being urged by a bank for more than three months, shall be investigated for criminal responsibility for fraud. If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated according to the amount exceeding the deposit.
3. If the perpetrator's malicious overdraft constitutes a crime and all overdraft interest has been returned before the people's procuratorate brings a lawsuit, he may be given a lighter or mitigated punishment or be exempted from criminal responsibility.
4. Bank staff who commit the above-mentioned criminal acts shall be given a heavier punishment according to law.
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.
If a cardholder who owes more than 50,000 credit cards is sued and needs to negotiate repayment with the credit card on his own initiative, if the cardholder has a positive repayment intention or tries to raise funds on his own initiative, he will generally only need to repay, and will not be investigated for corresponding criminal responsibility. Only those malicious overdue or overdraft behaviors belong to criminal cases.