What is the procedure for filing a summons for a credit card debt case?

1. If a bank files a civil lawsuit to the court, the court should decide within 7 days from the date of receiving the litigation materials. accepted.

2. If the amount you owe reaches 10,000 yuan and you still do not return it for more than 3 months after two collections by the bank, it will constitute a crime of credit card fraud and you should bear criminal liability. After the public security organ files a case for investigation, it usually takes about four months before the procuratorate files a public prosecution in the court.

"Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards"

Article 6 The cardholder shall, for the purpose of illegal possession, exceed If an overdraft is made within a prescribed limit or within a specified period and is not repaid for more than three months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

Any of the following circumstances shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and evade after overdraft Bank collections

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other acts of illegally possessing funds and refusing to return them.

Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. The bank issued a summons for a credit card debt of 18,000

If you default on your credit card for a long time, the bank will think that you owe money maliciously, and if you do not repay for many months in a row, you will be sued by the bank and be found guilty of malicious debt. Your credit history will also be severely damaged. In serious cases, you will be sentenced.

An overdraft that exceeds the prescribed limit or within the prescribed period and does not return it for more than three months after two collections by the card-issuing bank is considered a malicious overdraft, and malicious overdraft is a criminal act of credit card fraud.

According to the criminal law, malicious overdraft of more than 5,000 yuan on a credit card constitutes the crime of credit card fraud and may be sentenced to less than 3 years in prison; malicious overdraft between 50,000 yuan and 200,000 yuan is considered a huge amount and may be sentenced to A prison term of 5 to 10 years; if the amount exceeds 200,000 yuan, which is a particularly huge amount, the prison term is more than 10 years. I have a credit card debt and the bank has filed a case against me. Can I fly with my passport?

Hello, the bank has no right to file a case. The police can only file a case after the bank reports the case. If the cardholder fails to be summoned, a wanted warrant will be issued. Once you use your ID card or passport, the police will be on the scene to arrest you as soon as possible.

What will happen if you owe a credit card debt of RMB 20,000 and file it with the bank?

If you really do not have the ability to repay, you should negotiate with the bank or lending institution to extend the repayment period or repay it in installments.

Loan money will not have any consequences:

1. If the lending institution or bank wins the lawsuit in court and fails to fulfill the court judgment during the performance period, it will apply to the court for enforcement. .

2. When accepting compulsory execution, the court will inquire about the properties, vehicles, securities and deposits in the name of the lender in accordance with the law.

3. If the lender has no property available for execution and refuses to fulfill the court’s effective judgment, negative information such as overdue repayment will be recorded in the personal credit report and high consumption and entry and exit restrictions will be imposed. , and may even be subject to judicial detention.

4. If someone has the ability but refuses to execute, he is suspected of refusing to execute the judgment or ruling.

What does it mean that a bank case will be filed due to credit card debt?

If a credit card is overdue for more than 3 months, you will be prosecuted and jailed.

Overdue credit card:

If the credit card is overdue for more than three months or the bank has not paid more than two reminders, the bank will freeze the card and list it as a prohibited customer (blacklist) ), and will also prosecute credit card fraud and malicious overdrafts, and the court will enforce them. If you refuse to repay after being sued and the amount you owe exceeds RMB 10,000, the court will impose a sentence based on Article 196 of the Criminal Law for the crime of credit card fraud!

Article 196 of the Criminal Law stipulates that anyone who commits credit card fraud under one 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 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Or life imprisonment, and a fine of 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;

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(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

Malice refers to the cardholder's behavior of exceeding the prescribed limit or overdrafting within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called by the card-issuing bank. Malicious overdrafts are a major form of risk in the credit card business and are part of credit card fraud. What should I do if a court summons for a credit card debt of 300,000 yuan is held on the 30th?

The court has filed a case for a credit card debt of 300,000 yuan. It is recommended to repay it in time or negotiate with the bank, otherwise it will constitute a criminal offense. Related The provisions are as follows:

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" (Fa Interpretation [2009] No. 19):

No. Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be a "card holder" as stipulated in Article 196 of the Criminal Law. Malicious overdraft." Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late payment fees, handling fees, etc. charged by the card issuing bank

Article 196 of the "Criminal Law": Under any of the following circumstances, anyone who conducts credit card fraud activities and the amount is relatively large shall be sentenced to a fixed term of not more than five years Imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence is not less than five years but not more than 10 years of fixed-term imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Those who are particularly serious or have other particularly serious circumstances 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 their property confiscated:

(1) Using counterfeit credit cards , or using a credit card fraudulently obtained with false identification;

(2) Using an invalid credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft. The credit card debt has been filed

Don’t owe money to anyone but the bank! I'd rather owe loan sharks. I have a friend who owed 15,000 with a Baiqian Financial loan. Now he hasn't paid it back, so the People's Court has sued my friend if he doesn't pay it back. How long will it take for China Merchants Bank's credit card debt to be filed?

If the principal exceeds RMB 10,000 and there is no repayment record for more than three months, the bank has the right to report the suspected credit card fraud.

Let’s take a look at the provisions of Article 196 of the Criminal Law. How to investigate credit card debts if a case has been filed

The details are as follows:

1. The Supreme People’s Court and the Supreme People’s Procuratorate jointly released the "Specifications on Criminal Cases Concerning Obstruction of Credit Card Management" "Explanation of Several Issues in the Application of Law", claiming that the bank's two collections and failure to repay in March were malicious overdrafts.

1. In the judicial interpretation, two restrictions were added to "malicious overdraft": first, two collections from the issuing bank; second, failure to return the card for more than three months.

2. Because the credit card fraud crime of "malicious overdraft" is an intentional crime, it subjectively has the purpose of illegal possession, which is a very important component of the behavior.

3. This judicial interpretation clarified the amount of "malicious overdraft". The amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late fees, compound interest and other fees charged by the card-issuing bank. .

4. According to the criminal policy of balancing leniency with severity, those who repay the overdraft interest before the court has made a judgment or the public security organ has not filed a case will be treated lightly or not be held criminally responsible. In this way, those " The fraudulent behavior of "malicious overdraft" also plays the warning and educational role of the law, minimizing the criminal attack area as much as possible.

2. According to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a criminal act of credit card fraud.

1. Article 266 of the Criminal Law Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated.

2. Article 196 of the Criminal Law stipulates: Malicious overdraft with an amount of more than 10,000 yuan but less than 100,000 yuan shall be deemed as "a relatively large amount" as stipulated in Article 196 of the Criminal Law. If the amount is more than 100,000 yuan and less than 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; The “amount is particularly huge” as stipulated in Article 6. I owe Hua Xia Bank a credit card of 9,300 yuan and I can’t pay it back. Are I afraid of the bank filing a case?

Do you have the guts to borrow but don’t have the guts to face a lawsuit? I am afraid that I will be on the blacklist, which will be recorded in the bank’s credit reporting system, and I will not be able to borrow money from the bank in the future.