If the credit card debt exceeds RMB 10,000 and remains unrepaid for more than 3 months after two collections by the card-issuing bank, a case can be filed.
If you still can't pay off your credit card, you can do this:
1. If you can't pay off your credit card, you can apply to the bank for minimum repayment or deferred repayment.
2. If overdue behavior occurs, it is recommended to pay off the debt in time.
The overdue credit card was sued:
1. The bank's continuous reminders
When a borrower overdue repayment, the bank's credit card customer service center will first Make multiple phone calls; if the payment is still outstanding, the bank will entrust a third party to collect the money, usually through continuous phone calls, text messages, or even door-to-door collection; after multiple calls and unrepayed debt, the bank will file a lawsuit in court .
2. Being sued by the bank and unable to apply for a loan
The cardholder will be added to the credit blacklist and unable to apply for a loan. The court will collect collection. After receiving the court summons, after investigation and Persuade and urge repayment, but if the cardholder refuses to repay, the court can take enforcement action; subsequently, the court will liquidate the cardholder's assets to repay the card debt and freeze the relevant property.
3. Malicious default will lead to imprisonment and fines
A credit card that is overdue for three months can be regarded as a malicious overdraft penalty. However, if you communicate with the bank in advance and prove your repayment, If you have a repayment ability and a repayment plan, you will generally not face criminal liability. However, the court ruled that cardholders who still do not return will be dealt with according to the "Criminal Law", and in serious cases they may face imprisonment.
The credit card debtor has been put on file for investigation by the public security organ. Once it meets the credit card fraud standards in our country, he will be criminally punished. We have criminal penalties, which has a great impact on an individual's life. Influenced.
Legal Basis
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 punished Whoever commits a crime shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; A fine of not less than 10,000 yuan but not more than 500,000 yuan;
If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine not less than 50,000 yuan but not more than 500,000 yuan. Or confiscation of property:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
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(3) Pretending to use other people’s credit cards;
(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.