Current location - Trademark Inquiry Complete Network - Overdue credit card - Do bank prosecutions usually be preserved before litigation?
Do bank prosecutions usually be preserved before litigation?
Yes, pre-litigation preservation can preserve the defendant's salary. The legal basis is Article 2 of "Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution by People's Courts": The people's courts may attach, detain and freeze chattels occupied by the person subjected to execution, immovable property registered in the name of the person subjected to execution, specific chattels and other property rights. Unregistered buildings and land use rights shall be determined according to the approval documents of land use rights and other relevant evidence. If the third party confirms in writing that the property belongs to the person subjected to execution, the people's court may seal up, detain or freeze the movable property possessed by the third party or the immovable property, specific movable property and other property rights registered in the name of the third party.

1. What are the civil proceedings for overdue credit cards?

1. The bank informed the cardholder to repay, and was sued for not repaying.

2. The bank will formally sue, and then the cardholder will receive a summons.

3. The summons can be sent to the cardholder's home or work unit.

4. Then the cardholder will appear in court on the day of the trial, and then the court will judge the cardholder to pay back the money and formally inform the cardholder of the consequences of not paying back the money.

5. If you insist on not changing, the bank will apply for enforcement and confiscate the cardholder's finance.

If the cardholder still insists on not returning it, he will go to jail.

7. As long as the bank sues, there will definitely be a fine, which is generally between 20% and 50% of the amount owed.

Second, how long can the bank loan be executed after being sued?

After winning the case, generally apply to the court for execution within two years. After being sued, it is best to fulfill the repayment obligation according to the court decision. Refusing to perform, the court will enforce it and seal up the property under its name for repayment. If there is a guarantor, you should also bear the corresponding responsibilities. If you are sued, there will be the following two results:

1. Credit loan: a loan obtained through credit loan. If the applicant obtains a loan through a credit loan, the lending institution cannot reduce the loss by selling the collateral. However, the lending institution will always make dunning, which has a great impact on the life and work of the lender. In the end, the borrower can't escape the legal sanctions and needs to repay the loan with the assets in his own name.

2. Mortgage loan: under the mortgage loan method, the court will be advised to auction the collateral, and the proceeds from the auction will be used to repay the remaining principal and interest, attorney fees, legal fees and other expenses in priority. If there is any surplus, it will be returned to the borrower in full.