1. Do you have to pay back your overdue credit card after you go to jail?
You have to pay back your overdue credit card after you go to jail. The money owed by the cardholder to the bank still needs to be repaid even if he is serving a sentence. After serving his sentence, the cardholder's debt still needs to be repaid. Imprisonment is a punishment for cardholders who fail to pay overdue payments, not a substitute for repayment. Moreover, there is no law in our country that stipulates that one can be exempted from civil liability for repayment after being imprisoned. 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 of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank.
Criminal liability and civil liability are separate, and being in jail does not exempt you from civil liability for compensation. Therefore, after you are released from prison, you still have to repay the loan. You can choose to repay it in installments, so that you can pay it off. If you still haven't repaid it by a certain period, the bank will continue to sue. If you sue, the court will decide if you have the ability to perform but refuse to do so. The court will enforce the execution of real estate, cars and other property, and you will be detained or fined. If the circumstances are serious, it is suspected of constituting the crime of refusing to execute the judgment.
2. Is it possible to negotiate after being sued for an overdue credit card?
Yes, after a credit card is sued for being overdue, the cardholder can proactively contact the bank’s customer service before the court accepts the case. personnel to negotiate and resolve. When applying for negotiation, the cardholder needs to maintain a good attitude, indicate that he or she is willing to repay, and truthfully state the reasons for overdue repayment. It is not a malicious overdue repayment. At the same time, the cardholder can also provide some proof, such as a certificate of termination of the labor contract. wait. When applying for negotiation, cardholders can first consider which repayment method they can use to pay off their debts. Generally, they can apply for deferred repayment, minimum repayment, installment repayment, interest-free and pending debt, etc.
Regarding the cardholder's application for negotiation, the bank will generally make a decision at its discretion. The purpose of the bank's lawsuit is only to recover the arrears as soon as possible. Therefore, for this purpose, as long as the cardholder is willing to repay the loan, and the payment is If you have a strong willingness to repay, it is not impossible that the bank will not agree to withdraw the lawsuit and negotiate repayment. After the negotiation is successful, the cardholder must repay on time according to the agreed repayment method, and remember not to be overdue again.
If the court has accepted the case and made a judgment, the cardholder needs to pay back the amount owed within the time period of the judgment. If the cardholder refuses to repay, the court is likely to impose enforcement actions, directly freeze the assets in the cardholder's name, and deduct the money from it to repay the debt.
Even if your credit card is overdue and you go to jail, you have to repay the debt. When applying for a credit card, the bank will examine the cardholder's repayment ability. When using a credit card for consumption, there is no need to deposit in advance or pay cash. You can spend first. repay later. If you are sued for an overdue credit card, you can negotiate, but you must negotiate before the court accepts the case, and you must obtain the consent of the card-issuing bank.