secondly, how long will it take? It is based on criminal responsibility, and civil liability is not sentenced. If it involves criminal cases, it depends on whether you have malicious overdraft, that is, for the purpose of illegal possession, that is, you clearly know that you have no repayment ability, and you also use your credit card to spend money, that is, you deliberately avoid bank collection. These are all for the purpose of illegal possession. In addition, the criminal sentence is more than 5,, and the determination of this amount is only the principal, excluding interest, penalty interest and liquidated damages. The principal of more than 5, is enough for sentencing standards.
Finally, some dunning will use the words such as filing a case to ask the debtor to pay back the money, but no case is actually filed. If you want to know whether you have been prosecuted, the best and effective way is to bring your ID card to the court hall to check for yourself. This is the most accurate method. I hope my answer can help you, come on!
at present, you owe 4, yuan on your credit card, and it's neither too much to talk about nor too little to talk about. In view of your current situation, you should first take correct measures to avoid the problem from getting worse. As long as things are handled properly, other things will not be greatly affected except personal credit information.
Your topic said that you were put on file. I don't know whether you received a short message or a phone call from the bank or a summons from the court directly. If you only receive a short message or phone call from the bank, then I think it can basically be judged that it is just a collection trick used by a third-party collection agency. These collection agencies actually use the deterrence of the court to put pressure on the debtors, hoping that the debtors can take the initiative to repay. But under normal circumstances, if your credit card is overdue within three months, the bank will basically not sue you to the court.
However, your current amount of arrears is relatively large. In this case, if you are overdue for more than 6 months, it is indeed possible for the bank to sue you to the court. If you receive a summons from the court and it is certain that it is true, you must actively respond to the lawsuit. Even if you are filed by the court, it is not a terrible thing. Credit card arrears are a civil dispute rather than a criminal case, so there will be nothing serious.
In many people's understanding, everyone thinks that the bank will definitely mean going to jail after suing everyone in court, which is actually a big misunderstanding.
What we need to understand is that credit card disputes are civil disputes, not criminal cases, and imprisonment is usually sentenced because it involves criminal cases. It is not possible to escalate the overdue credit card into a criminal case because everyone is suspected of the crime of credit card fraud, which refers to a relatively large range, such as forging credit cards and using expired credit cards to overdraw. In addition, there is something related to the overdue credit card, that is, the overdue credit card constitutes a malicious overdraft.
The so-called malicious overdraft of credit card 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 for more than 3 months after being repeatedly urged by the issuing bank.
Of course, even if everyone constitutes a malicious overdraft of credit cards, they don't have to go to jail. According to the latest legal documents of the Supreme Court, only if the amount of malicious overdraft of credit cards reaches more than 5, yuan, will it be considered as a so-called "large amount" of credit card fraud in Article 196 of the Criminal Law.
At present, the principal of your credit card is only 4, yuan. No matter whether you are overdue maliciously or not, you can't meet the sentencing standard of credit card fraud stipulated by law. So even if the bank does sue you to the court, you won't be sentenced to jail for credit card fraud, and the court's verdict will basically only sentence you to repay the bank's debts within the specified time.
At present, your credit card is overdue by 4, yuan. Although it can't meet the sentencing standard of credit card fraud with malicious overdraft of more than 5, yuan, in order to avoid some unnecessary troubles, I suggest that you should take active measures to avoid further deterioration of the problem.
first, try to pay back some money every month.
whether you have money or not, you should pay back some money more or less every month, which can show that you are not maliciously overdrawn.
second, don't deliberately avoid the bank's collection.
If you deliberately avoid the bank's collection after your credit card expires, and change your phone number and address to avoid the bank's collection, the bank may think that you are for the purpose of illegal possession and be sentenced to malicious overdraft of your credit card.
So after your credit card is overdue, don't deliberately avoid the bank's collection, but actively cooperate with the bank's work, so that the bank's collection department won't dare to do anything with you. After all, at present, the bank's collection must be recorded, and you can also record it yourself for evidence.
Third, if the bank sues you to the court, you should actively respond to the lawsuit and execute it according to the court's judgment.
At present, you owe 4, yuan, and the bank may indeed sue you to the court. If you really receive a summons from the court, you should actively respond to the lawsuit, and then go to the court to actively negotiate with the bank about the repayment plan.
Especially after the court verdict, if you have the ability to execute it yourself, you must execute it according to the court verdict, and don't treat the court verdict as a joke. If, after the court's judgment, you fail to fulfill the relevant responsibilities and obligations within the specified time, or even deliberately evade the repayment responsibility by hiding assets or transferring assets, after this happens, the court may sentence you for refusing to execute the court's judgment or ruling, so that even if your credit card fails to meet the sentencing standards for credit card fraud, you may still face the risk of imprisonment.
In short, it's not terrible that you owe 4, yuan on your credit card at present. As long as you make more money, you can pay it back soon. If you have some special difficulties at present and really can't repay this credit card bill in a short time, you can try to negotiate with the bank for a solution, so that the bank can make repayment by installments or stop paying the bill, which can alleviate your repayment pressure.
overdue credit cards are a headache, and one card is overdue and many cards are involved. After the deadline, all kinds of problems are coming one after another, which is even more headache.
Many people know about credit card fraud, so in a hurry, they pay back at will, and the amount has not decreased, and the collection is even more intense.
today, I will take stock with you of those wrong repayment behaviors.
1. Make your own decisions and pay in installments
Some people think that they will get better gradually after they owe money. For example, if you owe 3, yuan, you will pay it back in 1 installments, and the first installment will be 3, yuan, and the 1 installments will be finished.
He ignored the existence of interest, liquidated damages and compound interest, and the bill kept increasing, but the amount you repaid could not be effectively covered.
2. The scary thing about the collection is that it makes the debtor feel extremely scared. If you don't follow the collection, something will happen. So I have no choice but to return some of it.
actually, it's not a big deal. Also went in, can only be diluted by debt, the final result is a waste of money, but the collection has intensified.
3. As long as he has money, he
read a question from a netizen, which roughly means that he owed 8, yuan, and he has already paid 8, yuan one after another. Finally, he was urged to say that there are still tens of thousands left, which he couldn't understand.
the problem is that he ignores the interest calculation method of the full bill, plus a dividing line of 9 days. The money is still being paid, and it has also paid 8 thousand yuan. It is reasonable to say that the rest is interest. Actually, it's not. Who knows how much of the 8, you paid back was interest and liquidated damages?
of course, someone asked, so how can I return it?
We have emphasized more than once that there are only two suitable solutions after the credit card is overdue.
first: one-time settlement. The advantage of this method is that it can save a lot of money and solve various problems at once.
second: reach an installment repayment agreement with the bank. What is said here is that it is useless to talk to the bank and collect money. He won't have any good plan except to cheat you. The advantage of this method is that it can relieve the existing debt pressure, reduce the pressure by stages, avoid unnecessary troubles, and earn money with peace of mind, and at the same time save a lot of interest and liquidated damages.
Don't believe some rumors on the Internet that those who are going to be sentenced will go to jail. Don't believe them. These people are a little exaggerated and confuse right and wrong.
① Does the credit card limit exceed 5,, or does it include the loan? If it does not include the loan, even if the bank sues, it will not be sentenced, and there will be no criminal responsibility. This 5, only refers to the credit card limit, excluding interest, liquidated damages, late fees, installment fees, etc.
② If the credit card limit exceeds 5,, the bank will sue in your local people's court, and the prosecution will not be in the name of credit card fraud, malicious arrears, etc. (If the card has not been repaid once, the address of the company is false, and the ID card is false, etc., this is a credit card fraud. If all the above items are false, you can go to the credit card fraud.) Banks sue cardholders for credit card disputes. Credit card disputes are civil disputes and not crimes, so you can rest assured that they will not be sentenced.
③ If the bank sues you, you must be present. If you don't show up, the court will directly decide that the bank will win the case. You must repay the money within the specified time, usually 7-15 working days. If you don't repay the money, the bank requires the court to enforce it (it takes about 2 months from the application of the general bank to the execution). If you still have no money to repay the money, your property will be frozen. If there is no executable property in your name, the court may not execute it. At this time, the bank requires that you must execute it. At this time, it really belongs to the person who has broken his promise, that is, the blacklist in many people's eyes
④ If you attend the court, you will not hold a court session directly, because banks usually sue in batches in the same place, and you will not sue in court alone. Before the court session, there will be bank staff to negotiate with you. (The negotiation includes, reducing liquidated damages and late fees, and the interest will not be reduced, but it will not exceed 24% of the interest of Nianhua, but this is the cardholder's request. Let's see whether the bank gives this policy or not. Generally, it gives this preferential policy. There are three results in the negotiation: 1. It can only be settled at one time; 2. It is agreed how much to pay back each month in a repayment cycle; 3. If the negotiation fails, the court will open.
④ If you have the conditions to contact the customer service of the bank now, and indicate your repayment situation, and you are willing to repay the loan but can't settle it in one lump sum now, can you repay the loan in installments, and the customer service will register it for you, and you can just wait for the local bank in the card-issuing city to call you and let you negotiate. {If you are not in that city, just tell the customer service your current city of residence }
Xiecheng, All for the sake of the cardholder
In the past, a credit card with a malicious overdraft of more than 1, yuan can be judged as a crime of credit card fraud. However, according to the latest legal interpretation document of the Supreme Court, a credit card with a malicious overdraft of more than 5, yuan will be recognized as a crime of credit card fraud.
The sentencing standard for the crime of credit card fraud is that the amount of malicious overdraft is more than 5, yuan. Moreover, judging from the actual judicial cases, the so-called 5, yuan here refers to the malicious overdraft limit of the same bank's credit cards exceeding 5, yuan, instead of all bank credit cards exceeding 5, yuan, excluding interest and liquidated damages.
So as long as the malicious overdraft limit of your credit card does not exceed 5, yuan, it will not constitute the crime of credit card fraud.
how can I repay my credit card after it is overdue?
Xiecheng Debt Xiaoxiao has two suggestions:
1. Try every means to find relatives, friends and parents to collect enough principal, and take the initiative to call the bank to negotiate whether the interest and liquidated damages generated during the overdue period can be reduced or not, and then pay them off in one lump sum.
2. negotiate to stop payment (reach an agreement with the bank) and pay it back slowly by stages, so as to reduce the repayment pressure, stop the collection with the greatest psychological pressure and avoid prosecution. (You can pay attention to "Xiecheng debt is small"), which has solved the problem for thousands of card friends who are deeply in debt.
credit card, I can't afford it. But there is a bottom line, which is divided into several times a month, and a driver is paid a hundred dollars. It's not just a matter of attitude, but also a matter of ability. Even if you sue, there are multiple repayment records every month, which does not constitute a crime.
other civil affairs (all the credit information has been spent, and I don't think I care), as well as negotiating repayment, etc., until I have money!
"Credit card is owed, with a principal of 4, yuan". Let's make clear a few things first: the amount you owe is too small. Are you sure that it has been put on file? How did you get informed? SMS notification, such as the filing letter issued by a lawyer? Confirm the authenticity, according to the amount you mentioned, the possibility of being put on file is low, unless you have not paid the money, the time has been delayed for too long, and you refuse to answer the phone or change the number to avoid the collection. If not, then it can be judged that being put on file is false.
The initial filing amount of a credit card criminal case is 5,, and you only have 4, principal, so you can rule out criminal responsibility and won't go to jail. In a civil case, even if it is filed and prosecuted, you don't have to worry too much. Just respond to the lawsuit. Civil liability is only for you to pay back the money. If you are fined, you have no money to repay, but you have executable assets, which may be enforced; If there are no executable assets, the court will ask you to negotiate the repayment plan with the plaintiff and make an agreement. During this period, you may be applied by the other party to restrict high consumption.
you can judge the facts according to your own situation. If you haven't been sentenced, don't scare yourself, work with peace of mind, and just pay back the money when it's time.
Author: Hi Mu Yi Ziyang
It is only a civil act for a bank to sue a person who owes money on a credit card, but it is not particularly related to criminal acts in debt collection and repayment. Generally speaking, he will not be involved in criminal law.
In general, the core reason for the bank to sue you must be your bad attitude, not answering the phone, and not telling the bank clearly about your repayment plan.
So many times, banks have no choice but to sue such illegal credit card users.
but I must tell you clearly. No matter how much money you owe, you must admit it. If you really borrowed the money, you must pay it back. As long as you tell the bank truthfully that I do owe you money, I will pay it back, but now I can't pay it back without money. Then the bank will not tear your face out with you to do such a thing.
there are many people who owe money to the bank. Besides, your 4 thousand is such a little money, right? So the core of bank prosecution is to give you some pressure to pay attention to this matter, but in essence, it will not involve any other criminal responsibility.
if you really can't pay off your credit in a short time.