You may be prosecuted.
If a credit card is overdue for more than three months, you may be prosecuted. However, if the amount you owe is not large or due to other reasons, the bank will generally not sue the court directly, but will only demand repayment. If the lender were to sue the debtor, the court would force the cardholder to repay. Even if the cardholder claims that he has no money to repay the card, the court will force the cardholder to inspect his property for repayment.
If the credit card is overdue by 3,000, you will be sued. The analysis is as follows:
1. In fact, if the lending institution wants to sue the debtor, it has nothing to do with the amount of the debt. As long as the lending institution has evidence to prove that the debtor really owes money, even if he only owes 1 yuan, he can sue and the court will accept it.
2. If the cardholder owes a credit card debt of 3,000 yuan and has not paid it back for more than three months, the bank may choose to sue the cardholder if the long-term debt collection fails. However, the amount of arrears of 3,000 yuan is not a lot. After the cardholder is sued, the court will force the cardholder to repay.
3. Even if the cardholder claims that he has no money to repay, the court will force the cardholder’s property to be inspected for repayment. Most people can bear a debt of 3,000 yuan, so the cardholder will most likely not be listed as a defaulter by the court. However, the consequences of overdue credit cards are still serious.
The consequences of being sued for an overdue credit card:
1. If enforced by the court, the bank account will be seized, the deposit in the account will be forcibly deducted, and the house and other properties will be seized and auctioned.
2. If the court fails to achieve its goal through the above enforcement methods, it will put you on a blacklist and you will not be able to fly or take high-speed rail in the future. Your future loans will be greatly affected.
3. You may be fined or detained by the court.
4. In addition, there is also the crime of refusal to execute judgments and rulings stipulated in Article 313 of the Criminal Law, that is, “if the person has the ability to execute the judgment or ruling of the people’s court but refuses to execute it, and the circumstances are serious, he shall be punished.” Fixed-term imprisonment of not more than three years, criminal detention or a fine
If the person has no money to repay the credit card debt, the party concerned can negotiate with a bank or other financial institution for a repayment method such as installment or deferred repayment; if the negotiation fails, the person concerned must Raise funds to repay in accordance with the law, otherwise banks and other financial institutions can apply for arbitration or file civil lawsuits against the parties. If the perpetrator is in jail at this time, then a family member can repay the debt on his behalf.
Legal basis:< /p>
"Criminal Law of the People's Republic of China"
Article 196: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years in prison Fixed-term 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; If the amount is particularly huge or there are other particularly serious circumstances, the person 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 property confiscated:
(1) Using forged goods Credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and the card-issuing bank has made a collection. Still not returning.