If the husband refuses to repay the money he owes to the bank on his credit card, the bank can apply to the court to seize the house for auction. According to relevant laws and regulations, if you do not repay the loan, you can negotiate for repayment in installments. If the bank applies for compulsory execution, the court will seize the property of the person subject to execution and auction it to make up for the debt.
Legal Analysis
The People’s Court, in accordance with legal procedures, uses state coercive power and clarifies the specific execution content based on legally effective documents to force civil obligors to complete their obligations in order to Ensure that the rights of obligees are realized. Legally effective documents include but are not limited to the following: civil judgments, rulings to realize security rights, rulings to confirm mediation agreements, payment orders, etc. Once it takes effect, the obligor shall automatically perform it. If they refuse to perform, the obligee may apply to the People's Court for compulsory execution. Through the judgment, the persons who need to bear the corresponding execution obligations can be called the persons subject to execution when entering the execution procedure. The persons subject to execution who have breached their trust are based on the persons subject to execution, and use means to make the execution impossible and the legitimate rights and interests of the executors. If there is no guarantee, but the person subject to execution is actually capable of execution, such as maliciously concealing, transferring property, using means such as disappearing, refusing to execute or even using violent resistance to the law to obstruct execution, the dishonest person subject to execution will be included in the list. Credit reporting system. Therefore, if you do not repay your credit card debt, the bank can apply to seize the property.
Legal Basis
Article 242 of the "Civil Procedure Law of the People's Republic of China" If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the People's The court has the right to inquire from relevant units about the deposits, bonds, stocks, fund shares and other property status of the person subject to execution. The People's Court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution based on different circumstances. The property inquired, seized, frozen, transferred, and valuated by the People's Court shall not exceed the scope of the obligations that the person subject to execution shall perform. When the people's court decides to seize, freeze, transfer or change property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.
Article 247: After the property is sealed or detained, the execution officer shall order the person subject to execution to perform the obligations specified in the legal document within the specified period. If the person subject to execution fails to perform within the time limit, the people's court shall auction the sealed or impounded property; if it is not suitable for auction or both parties agree not to conduct an auction, the people's court may entrust the relevant unit to sell it or sell it on its own. Items that are prohibited from being freely bought and sold by the state shall be handed over to relevant units for purchase at prices set by the state.