This is possible. If the user cannot pay back the credit card, the credit card will be frozen and the bank will collect money from the user, but the property under the personal name will not be affected. If the bank sues the user and the user refuses to repay, the court will only freeze the bank account under the user's name for repayment. And most of the time banks will not sue users, so overdue credit cards will mainly affect the user's personal credit.

It is not ruled out that the real estate under the personal name will be frozen after the expiration date, because after being sued by the bank, if the repayment is not repaid, the court will freeze the cardholder’s assets for repayment, and the personal assets of the cardholder will be frozen for repayment. Assets naturally include real estate. After being sued for an overdue credit card, the court will decide to freeze the bank deposits of the credit user and seize the mortgaged and pledged properties. After freezing the property in the name of the cardholder, if the debt can still be paid off, the property may be auctioned. This is not the worst outcome. The worst thing is that the cardholder will go to jail and his reputation will be ruined. He will have difficulty in the credit industry in the future. If he does not want this, the cardholder can actually face it proactively. After the credit card is overdue, take the initiative to follow up Negotiate with the bank, apply for personalized repayment, and provide proof of your inability to repay. The bank will consider it as appropriate.

New regulations on overdue credit card repayments in 2021

1. Liquidated damages. In the new regulations on credit card overdue in 2021, banks have replaced the "late fees" incurred after credit cards are overdue with "liquidated penalties". Many cardholders don’t understand the difference between late payment fees and liquidated damages. Liquidated damages will increase with the overdue amount of the bill, which is compound interest. There is a fixed limit on late payment fees, which cannot exceed 5% of the minimum repayment amount.

2. Sentencing standards for overdue credit cards. In 2021, in the new overdue provisions of the Civil Code, the sentencing standard for credit card filings has been increased from the original 10,000 yuan to 50,000 yuan. In other words, if the cardholder owes no more than 50,000 yuan in credit card bills, there is a high probability that he will not need to bear criminal liability, which means he is unlikely to go to jail. If it exceeds 50,000 yuan, the bank is likely to initiate criminal proceedings against the cardholder.

3. Minimum repayment amount. In the past, when cardholders were unable to repay their credit card bills in one go, they could choose to pay in installments or pay the minimum repayment amount, which was 10% of the bill amount. Now, if cardholders are unable to repay the 10% minimum repayment amount, they can negotiate with the bank to make the monthly repayment amount lower. However, the credit card holder needs to be relatively good, otherwise it will be difficult for the bank to agree.

In addition to the above provisions, if the cardholder's credit card is overdue for more than 3 months and wants to negotiate with the bank to suspend interest and hang up the account, he or she can negotiate with the bank for a personalized interest-free period of up to 60 periods. For example, if the original debt is 5.40,000 yuan, after the interest is exempted, it can be reduced by 1.70,000 yuan. If it is divided into 44 installments, the monthly repayment can be 818 yuan.

1. Debts borne by both spouses who have agreed to sign or one spouse has ratified it later or other mutual consent shall be deemed to be joint debts between husband and wife.

2. Debts borne by one spouse in his own name for the daily needs of the family during the marriage relationship

If the creditor claims rights on the grounds that they belong to the same debt of the couple, The People's Court should support it.

3. If one of the spouses has incurred debts in his or her own name during the marriage that exceeds the daily needs of the family, and the creditor claims that they are joint debts of the couple, the people's court will not support the claim. However, this is excepted if the creditor can prove that the debt is used for the husband and wife's living together, the couple's production and operation, or based on the husband and wife's mutual consent.

Legal basis:

Article 1062 of the Civil Code: The following properties acquired by husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall belong to both parties. The husband and wife *** jointly own:

(1) Wages, bonuses, and labor remuneration;

(2) Income from production, operations, and investments;

( 3) Income from intellectual property rights;

(4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law;

(5) Other property that should belong to the consortium. Husband and wife have equal rights to handle the same property.

Will the credit card debt freeze the car in the name of the spouse? 3

1. If the husband’s credit card is not used, will the marital property be frozen?

1. It is possible However, if the husband owes money on the credit card, the wife's bank account will not be frozen, and there is no joint payment relationship. However, if you fail to repay a malicious overdraft on a credit card, if the principal of the overdraft exceeds 10,000, and you still fail to repay after being called by the bank, you may be subject to criminal sanctions.

2. Article 196 of the Criminal Law: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large 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 A fine of not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.

3. If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated. If property is confiscated, the joint property of husband and wife will certainly be implicated.

2. Will you go to jail if your credit card is overdue?

If the cardholder does not repay the full amount after the due payment date and does not choose the minimum repayment amount, the bank will The following measures are generally taken:

1. Make reminder calls or send reminder letters to those whose credit cards are overdue.

2. If you are overdue more than 6 times and fail to repay once, you will be blacklisted by the "Personal Credit Information System" of the People's Bank of China. The bank will freeze the credit card account of the overdue person and blacklist the overdue person. The list and debt record may be fed back to the People's Bank of China's personal credit reporting system, affecting the cardholder's personal credit record and causing the cardholder to be unable to apply for a housing mortgage loan normally.

3. If the overdue amount of the credit card is large (principal of more than 10,000 yuan), overdue for more than three months, and the bank has called for it twice but still has not repaid, it is a malicious overdraft on the credit card, which constitutes the crime of credit card fraud. If the amount is relatively large, the person will be sentenced to fixed-term imprisonment of not more than 5 years. If the amount is huge, the person will be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the entire amount owed can be paid off in time before judgment, the criminal penalty can be reduced and exempted.

Many people not only fail to repay their credit cards after they are overdue, but also change their addresses, mobile phones and other contact information to evade the bank's recovery. This is the most fundamental reason why the bank transfers the credit card to the public security agency for processing. Therefore, when a credit card is overdue, you should keep in touch with the bank, actively coordinate the debt, and sign a repayment plan with the bank to avoid jail! After all, collecting debt is the most fundamental purpose of the bank.

3. What should I do if my credit card repayment is overdue?

1. Continue to use it

After it is overdue, the best way is to continue to use this card. The new normal repayment record will cover the original negative record. Generally, a new credit record will be generated after 24 months, so that personal credit, etc. will not be affected after the record is refreshed.

If you are overdue for a long time, your credit card will earn compound interest and there will be high late payment fees. If you run away, the bank will think that you have maliciously overdrafted and will call the police.

2. Apply for delayed repayment

If you are unable to repay on time due to unemployment or illness, before the final repayment deadline arrives, state your financial situation and declare that you do not owe money maliciously. , you can apply for delayed repayment and interest discounts.

3. Timely repayment in full

If you forget to repay due to usual carelessness, you must repay in full as soon as possible after discovering that it is overdue, preferably in full, because the full amount is After repaying the amount, you have the best chance of winning by calling the bank to explain that the debt is not malicious and requesting that the overdue record be eliminated.

If the amount of money that the husband maliciously overdrafted on his credit card was used for gambling or not for family life, even though it was not a joint debt between husband and wife, the wife did not help him repay it. However, after the bank sues, as long as the bank can provide sufficient evidence, it may first freeze the marital property, and then separate the marital property, and the husband's personal property will be used to repay the credit card.