First of all, let's talk about the subject. You can't pay back the credit card. If you are really in prison, you don't have to pay back the money after you get out of prison.

some people may say, that's impossible. then why did the bank call me to urge me to repay after I got out of prison?

actually, this is not a collection call from the bank, but a collection company. The bank sued the court because you didn't pay back the money. Since the court sentenced you to jail, the problem of the money has been solved in the bank. Do you understand? From your point of view, the same is true. From the time you go to prison to the time you are released from prison, the problem of this money between you and the bank has been legally solved. Can you understand this?

So after you get out of prison, someone still calls to ask you to pay back. That's the collection company, so don't pay attention to them at all.

the bank will package this bad debt and sell it to the collection company at a price of several percent, so the collection company will pretend to be the bank and continue to ask you to pay back the money. Anyway, the collection company bought these debts from the bank at a very low price. For example, they bought them at a price of 2%. They just pretended to be in the name of the bank. If they can get it back, they will get it back. If they want to get it back, they will earn more than two achievements. Moreover, these companies all cooperate directly with banks, so they are not very hard-wired and cannot get this benefit.

Now there are more and more people in debt. Finally, I will talk about what to do after the debt is overdue. I can't answer the loan. They are desperately trying to collect it. If the bank's credit card and loans overdue, although the law stipulates that the amount that is not returned exceeds 5,, they will be sentenced, but there are so many overdue people, how many people are really in jail? What the bank wants is to get the money back. If it really sends you to jail, isn't it impossible to get the money back?

Therefore, in case the loan or credit card is overdue, first of all, make sure that the mobile phone is unblocked, and never turn it off and disappear. People's banks can't contact you, so it's strange not to sue you! Then the most important thing is to call the bank regularly to negotiate. After a long negotiation, the bank will compromise in order to get the money back. I'll give you no interest, no penalty interest, only the principal, and tell the bank about my current work situation, monthly income, and how much to pay each month according to the actual situation. I have a friend who is like this, and pays more than 5 yuan each month.

Therefore, when you encounter overdue bank loans or credit cards, the most important thing is that you take a problem-solving attitude and don't run away. The attitude is put out, and nothing will send you to jail.

first of all, you said that your friend's name was 5, yuan, and he was sentenced to 11 years' imprisonment because he couldn't pay back his credit card. This is totally unfounded in law. I don't know if this is your imagination, or if you don't pay back your credit card in order to find a hot topic, that is a civil lawsuit.

if a civil lawsuit is not paid back because of money, it will be executed, and it will not be said that it will be sentenced to jail. It will be listed on the court's untrustworthy list, restricting high consumption, and all the property and real estate in his name can be executed.

If it is not paid back because of lack of money, it will not only be necessary to go to jail, but also cancel the height limit order, as long as you provide enough evidence, because you are really unable to pay back.

To sum up, you must understand something before you do it. Don't make it up out of thin air.

First of all, I can tell you clearly: Pay it back!

Your friend was sentenced to 11 years for more than 5, yuan, which should have happened before 218. Because the latest regulations are made according to the interpretation of the two high schools on credit card management criminal cases that came into effect at the end of 218. A malicious overdraft of between 5, and 5,, yuan is "a huge amount", and it is sentenced to more than 5 years and less than 1 years and fined. Prior to this, more than 5, credit cards were maliciously overdrawn and sentenced to more than 1 years in prison. Therefore, luck is also an aspect. Some people were detained before 218 and delayed until the court heard in 219. The new regulations were applied and escaped.

in retrospect, I will talk about the problem of owing money. Your friend's effective judgment is probably accompanied by a fine. The fine will be returned to the state treasury, and the court will enforce it. When there is no executable property, it will be suspended, which will affect the extent of applying for parole and commutation during the prison term. At the same time, because the fine is not implemented in place, the parties will be included in the list of dishonesty, which will affect the future consumption behavior. After the judgment of the court, there is only a loan relationship between the parties and the bank in arrears, that is, the problem of borrowing money and paying back the money. Everyone knows that the bank is the dominant party at present, and if the parties have deposits in the defaulting bank in the future, it will definitely be taken away. Banks will also apply for enforcement, but it is usually just a formality. After that, if there is more than a certain amount of deposit in the name of the party concerned, the court will immediately transfer it to the state treasury when executing it, and the excess will be notified to the other bank for handling.

to sum up, after your friend comes out, if he wants to have a quality life and have the ability, he'd better pay back the debt. In the credit society, breaking promises is bound step by step.

The bank will continue to demand the money, but it's not as cruel as before. It doesn't matter if you don't pay it back. It's up to you. Anyway, you've been in prison, and you can't continue to go to jail. But you can't get a card or loan in your life. You've been a black account for life. In the end, the bank will treat the money as dormant account. Let it go, black households are not so easy. Lao Lai is sad all his life. And it also affects the next generation.

Let me remind you once again that being in prison for debt is not the same as paying back the money. As long as it is required to pay back the money in a legal judgment, then this obligation to pay back the money will be accompanied for life, unless a settlement is reached or the judgment is fulfilled.

Moreover, credit card generally owes money. If it does not involve credit card fraud, it is only a financial debt relationship between the credit card holder and the bank, and it will not involve imprisonment and other penalties. Even if credit card fraud is criminally filed, the final sentence will not reach 11 years. So this question is actually wrong.

Let's talk about credit card fraud first. In fact, if a criminal case is to be filed, it must be composed of several elements. The first point is that the amount is relatively huge, the second point is that the credit card is suspected of cashing out and constitutes a malicious overdraft. So what is the sentencing standard? Those who commit credit card fraud activities and are suspected of a large amount will be sentenced to criminal detention of not more than five years or fixed-term imprisonment and fined not less than 2, yuan but not more than 2, yuan; Suspected of huge credit card fraud or other serious circumstances, he will be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined not less than 5, yuan but not more than 5, yuan. Therefore, the maximum sentence for credit card fraud is 1 years.

So if you are suspected of credit card fraud and get a criminal judgment by the court, you will generally be fined and you need to return the crime amount. Even after the criminal punishment of imprisonment, this economic punishment responsibility still exists. In other words, as long as the financial penalty obligation in the judgment is not fulfilled, the fine is not paid, and the amount of the crime is not returned, then this repayment obligation will always exist. As for how to implement it in the future, it depends on the handling process of the court executive court.

generally speaking, after the judgment comes into effect, the court will start the process of enforcement when it is forced to stop. At this time, the debtor has been in prison, so it can't be returned generally, so the court will blacklist the debtor. Verify that the debtor can fulfill the judgment and when it will be removed from the blacklist.

In fact, even after the debtor is released from prison, his financial credit is completely lost. Because the People's Bank of China's credit information has already been blacklisted (overdue repayment, in which the information registered by the credit card issuing bank is included), it has also been blacklisted by the court, and it is possible to impose high-limit measures such as restricting high consumption. Therefore, even after you get out of prison, you can't set up a company, take a plane, take a high-speed train, and so on. Moreover, the criminal record generally follows the whole life, and the future life of the debtor is greatly limited.

so when the credit card is in debt, don't do anything stupid. To maintain effective communication with banks, you can express your willingness to repay, you can also inform your economic situation, and put forward the negotiation requirements for installment repayment. Basically, as long as there is no connection, as long as there is no malicious overdraft, even if the amount is larger, there will be no possibility of criminal punishment.

First of all, a person can't go to jail for 11 years because he can't pay back the money from the bank. Debt is not a civil lawsuit, and even if he asks for money in a lawsuit, the court will enforce the debtor's property instead of sentencing him to 11 years' imprisonment. A case that can reach 11 years' imprisonment is definitely a very serious criminal offence, and it can never be a non-payment of debts. Secondly, after going to prison because of debt, the money owed should still be paid back, but they are all in prison because they have no money to pay their debts. Even if they come out, don't they still have no money to pay back? So it's not a question of whether to return it. It should be that the bank is too lazy to pursue it any more.

It's normal to be sentenced to 11 years according to 5, yuan. This sentence is based on credit card fraud or malicious overdraft. Criminal liability comes with civil liability, and there may be a fine.

as for whether to pay back the money after you get out of prison?

The answer is definitely to pay it back. You should know that these are two things, owing money is one thing, sentencing is another, and sentencing is due to the qualitative problem of this matter.

from the day when the judgment comes into effect, the interest and penalty interest of the credit card may stop, which means that the money will be repaid after being released from prison at the latest.

during the prison term, this debt will be a bad debt of the bank, which has been hung in the bank's system, and the bank's creditor's rights have not disappeared, which means that if it is released from prison in the future, the bank can still recover the debt.

Your friend is good enough. It's too unworthy to go in for 11 years just because he has more than 5, yuan. In fact, he can negotiate with the bank before things come to this. After 11 years, you may not be able to turn it over for a lifetime, and the value you may create in these 11 years is far greater than 5 thousand.

according to the case under negotiation, many banks can now divide their credit cards into 6 installments at most, and it is a very good news that they will be divided into 6 installments after suspension.

according to the calculation of 5, yuan, the repayment will be made in 6 installments, with a monthly repayment of 8,333.3 yuan. For the arrears of 5, yuan, such repayment pressure is actually not too great. It is ok to work hard.

Credit card debt and being sentenced to jail are completely different things, and there is no necessary connection between them. It does not mean that you will be sentenced to jail if you owe a credit card, or that if you go to jail, the credit card debt can be offset, so there is no such thing. Usually, money owed to a credit card won't go to jail. Only if you commit a criminal offence will you go to jail.

under normal circumstances, if the credit card amount owed by people is relatively small, for example, less than 1, yuan, many banks will not sue them in court. If they are sued by banks in court, it means that their debts are serious. Generally, they are overdue for more than half a year, and the overdue amount is more than 1, yuan. Only when the overdue amount is more than 5, yuan, will individual banks sue the debtors.

If a person is sued by a bank, it must be because he owes a large amount of money and a long period of time.

But even if the bank sues everyone to the court, it doesn't mean that everyone will definitely be sentenced to jail. Credit card arrears are a kind of civil liability, and usually they won't be sentenced to jail, but there are two special circumstances.

first, it constitutes the crime of credit card fraud.

in reality, most people are sentenced to jail because they constitute the crime of credit card fraud.

according to article 196 of the criminal law, the crime of credit card fraud refers to the act of using a credit card to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. There are four main forms of credit card fraud, one is forging a credit card, the other is using an invalid credit card, the other is using someone else's credit card fraudulently, and the other is malicious overdraft.

under normal circumstances, if people don't pay back their debts, the most likely thing is malicious overdraft of credit cards.

the so-called malicious overdraft of credit card 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 for more than three months after being urged twice by the issuing bank.

of course, it's not that everyone is overdue for more than three months, and it will definitely constitute a malicious overdraft of credit cards after being collected by the bank twice. The core criterion here is whether it is for illegal possession.

The so-called illegal possession is for the purpose, and there are also relevant provisions in the law. Generally, one or more of the following six situations may be judged as malicious overdraft:

(1) knowing that there is no repayment ability and a large amount of overdraft cannot be returned;

(2) after applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned;

(3) evading bank collection by means of hiding or changing contact information after overdraft;

(4) Evading or transferring funds, concealing property and evading repayment;

(5) using overdrawn funds for criminal activities;

(6) other cases of illegal possession of funds and refusal to return them.

You can compare the above points. If you meet one or more of them, it will constitute a malicious overdraft of credit cards. According to the latest legal provisions, if a malicious overdraft of credit cards reaches more than 5, yuan, it will constitute a crime of credit card fraud. Once it is identified as a crime of credit card fraud, it may face more serious legal responsibilities.

according to article 196 of the criminal law, those who engage in credit card fraud, with a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan or confiscated property.

according to the latest legal interpretation, the amount of malicious overdraft of credit cards is more than 5, yuan but less than 5, yuan. Malicious overdrafts of more than 5, yuan but less than 5 million yuan are huge; If the overdraft amount is more than 5 million, it shall be deemed as extremely huge;

This means that if the credit card overdraws 5, yuan maliciously, it should be sentenced to more than 5 years and less than 1 years, and your friend was sentenced to more than 1 years later, which should be before 218, because these legal interpretation documents were only published in 218.

second, refusing to perform the court's judgment.

even if everyone does not constitute the crime of credit card fraud, if everyone has corresponding property to execute after the credit card is in arrears and has the repayment ability, but refuses to repay or perform the court's judgment,