Legal analysis: 1. If you really do not have the ability to repay the loan and do not have any property to enforce, then the result of the court's judgment is generally mediation. At this time, you should take the initiative to contact the bank for negotiation and explain your actual income. The bank will also make targeted adjustments to personalized repayment methods, with a maximum of 60 interest-free repayments over 5 years.
2. If you are able to repay the loan, or have related properties that can be auctioned. After the court judgment is issued, the court will trace the existing sources of income or related assets in your name through the tracing system. If it is verified that there are executable assets, the bank will not agree to negotiate with you to suspend the loan. At this time, if you do not repay in time according to the court's judgment, the bank can apply to the court for enforcement at any time, such as seizing your bank card, WeChat payment account, RV and other assets, and auctioning them to repay the bank's bills. If you deliberately transfer property or resell assets at a low price, you may be included in the list of dishonest persons subject to execution by the court. At that time, many of your daily behaviors will be restricted, such as not being able to travel by high-speed rail or plane, restricting high consumption, and even your children will not be able to study in aristocratic schools, etc.
3. If you engage in malicious overdraft behavior, you may be sentenced to jail. Under normal circumstances, if your credit card is overdue, as long as you actively negotiate with the bank, it will basically not be judged as a "malicious overdraft". However, if your credit card expires and you change your address, mobile phone number, etc., the bank will not be able to contact you. If you ignore the bank's collection, you may be suspected of malicious overdraft on your credit card. The so-called "malicious overdraft" of a credit card refers to the cardholder's behavior of exceeding the prescribed period for the purpose of illegal possession, or overdrafting the prescribed period, and after two effective collections by the card-issuing bank, the card-issuing bank still fails to return the money for more than three months. If the amount of a malicious overdraft on a credit card reaches more than 50,000 yuan, it may constitute credit card fraud and may face the risk of criminal prosecution.
Legal basis: Article 177-1 of the "Criminal Law of the People's Republic of China" Whoever obstructs the management of credit cards under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or a single fine of not less than 10,000 yuan but not more than 100,000 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 three years but not more than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:
(1) Knowingly holding and transporting counterfeit credit cards, or knowingly holding and transporting counterfeit blank credit cards in large quantities;
(2) Illegal possession of others Credit cards, in large quantities;
(3) Using false identity certificates to fraudulently obtain credit cards;
(4) Selling, purchasing, or providing forged credit cards to others or using false The credit card was obtained by fraudulent identification.
Anyone who steals, bribes or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.
If a staff member of a bank or other financial institution takes advantage of his position to commit the crime in Paragraph 2, he shall be severely punished.