The convenience of credit cards is favored by many people. Most young people like this payment method. Credit cards can be used offline for consumption, or they can be bound to third-party payment platforms such as Alipay and WeChat. Pay online. What is the process for being sued by the bank if you have a serious credit card debt? An introduction to handling methods after being sued.
What are the consequences of credit card debt?
After a credit card is overdue, the bank will usually contact the cardholder by phone to urge the cardholder to repay the debt as soon as possible. When the overdue amount reaches 10,000 Yuan, if the overdue period is more than three months, and the debtor still fails to pay back the debt after two collections by the bank during the overdue period, he will eventually be sued by the bank for malicious credit card overdraft. The main process is as follows:
1 , the bank files a civil lawsuit with the court, and the court decides whether to accept the case within 7 days after receiving the prosecution materials provided by the bank.
2. For cases that constitute malicious credit card overdrafts, the debtor needs to bear criminal responsibility. After the public security organ files a case, it usually takes four months for the procuratorate to file a public prosecution in the court.
3. Article 196 of the Criminal Law stipulates what is a malicious overdraft, which is for the purpose of illegal possession, is overdue for more than three months, and has not been returned after two collections by the issuing bank.
"Illegal possession for the purpose": overdraft a large amount without the ability to repay, resulting in the inability to repay; squandering the overdraft funds and unable to repay; changing contact information to avoid bank collection; transferring one's own property, hiding property, and evading Repayment; failure to repay for other illegal possession purposes.
4. A malicious overdraft on a credit card, if the amount reaches 10,000 yuan, will be considered a large amount, and you will be subject to corresponding criminal liability and even jail time.
Procedure for handling lawsuits for credit card debts
After being sued by the bank, the handling method is as follows:
1. If you really do not have enough repayment ability, you can take the initiative Contact the bank to negotiate repayment, apply for deferred repayment, installment repayment, partial penalty interest reduction, etc.
2. If the court decides that the bank wins the case after the bank sues, the debtor will need to repay the debt and pay a fine within the specified time. If the court judgment is not fulfilled, the bank will apply to the court for enforcement.
3. When the court enforces the law, the real estate, securities, deposits, cars, etc. in the name of the debtor will be inquired.
4. When the debtor is able to repay but refuses to do so, if the circumstances are serious, he will be sentenced to fixed-term imprisonment of not more than three years or detention, and a fine will be imposed.
In daily life, credit cards do bring convenience to everyone to a certain extent. If everyone is self-disciplined and uses credit cards reasonably according to their own circumstances, it will allow us to enjoy the purchases we want to make in advance. something. However, if the credit card is used improperly, such as being overdrafted and unable to pay off the credit card overdue, it will also cause a lot of trouble, not to mention penalty interest. In serious cases, the bank will sue you, and it will also affect your personal credit report.