According to the provisions of the Civil Procedure Law, if the parties do not consciously perform the effective legal documents, they may be enforced by the court. If the party concerned escapes, the court will still take compulsory measures such as sealing up, distraining, freezing, allocating and auctioning the property of the person subjected to execution according to law, and may take credit disciplinary measures such as joining the list of people subjected to dishonesty and restricting high consumption. In addition, the person subjected to execution will also pay the court execution fee for the delayed performance.
In addition, if the party's credit card debt reaches 1 10,000 yuan, the bank repeatedly urges it not to pay it back, which constitutes the crime of credit card fraud. After reporting the case to the public security organ, the bank may be investigated for criminal responsibility according to law.
code of civil law
Article 236 A legally effective civil judgment or written order must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution.
Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Article 241 If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property status and the property status one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or make a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.
Article 242 If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform.
When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
Article 243 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.
When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.
Article 244 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained.
The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.
Article 248 If the person subjected to execution fails to perform the obligations specified in legal documents and conceals property, the people's court has the right to issue a search warrant to search the person subjected to execution, his residence or the concealed property.
Take the measures mentioned in the preceding paragraph, and the dean will issue a search warrant.
Article 252 If the person subjected to execution fails to perform the act specified in the judgment, ruling or other legal documents according to the notice of execution, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the expenses shall be borne by the person subjected to execution.
Article 253 If the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt during the delayed performance. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay the delay in performance.
Article 255 If the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may take or notify the relevant units to assist in taking other measures such as restricting his exit from the country, recording it in the credit information system, publishing non-performance information through the media and other measures prescribed by law.
criminal law
Article 196 Whoever commits credit card fraud or theft under any of the following circumstances, if 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 but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph 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 after being urged by the issuing bank.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.