Hello, I owe more than 7, credit cards, and I can't pay them back. What should I do?
What should I do if the credit cards are not available?
Attitude is very important. Take the initiative to go to the local card department of the issuing bank to explain the actual situation. Don't avoid it, or the bank will think that you are maliciously defaulting. Even if you can't repay in full, you should try to show your sincerity in part;
If the credit card is in arrears, you can bring a lawsuit to:
a If other collection methods are ineffective, the overdraft principal and interest exceeds that of 1 yuan;
b is in possession of customer deposits and other property information in arrears, which needs to be frozen and judged;
c suffers from the same trade due to non-repayment, and needs to participate in the collection;
overdue records will automatically enter the credit information system of the people's bank of China, and banks do not need to report them. Bad records will not be cancelled after settlement, and will only be overwritten in the system 24 months after settlement. The credit information system can only find the records of the last 24 months.
if it is a credit card of China merchants bank, if the minimum repayment of the bill is not returned in time before the due repayment date, late fees and interest will be charged, and personal credit will be affected. 5% of the unpaid part of the minimum repayment amount will be charged for the overdue fine, and the minimum payment will be RMB1 yuan or USD1 yuan. Interest means that all consumption in the current period will be collected from the bookkeeping date (usually the day after consumption), with a daily interest rate of five ten thousandths until it is fully paid off.
In order to avoid affecting personal credit, it is recommended to pay back on time. If it is inconvenient to pay off the bill in full, please pay off at least the minimum repayment amount on time.
I owe more than 7, yuan to my credit card, and now it's been accepted. I'm going to court next Tuesday. What should I do?
don't worry, there's no need to panic at this point.
I have a friend who was summoned to judicial proceedings because he owed millions of loans to the bank.
So in court, all you need to do is:
First, be sincere;
second, negotiate with the bank.
remember, the purpose of the bank is to make you pay back the money, not to put you in jail! Therefore, as long as you can come up with an attitude and plan to pay back the money, banks and banks will be lenient.
You can ask the bank several requirements and methods:
1) Reduce your repayment interest appropriately;
2) lengthen your repayment period appropriately;
3) Give some minor punishments appropriately;
as long as you give the bank and a so-called repayment plan, they will basically do nothing to you. With the capital of 7, yuan, you can repay it in installments in one to two years, and it will be about 3, yuan per month, and this matter will be solved.
don't worry, it's only 7,. It's not 7 million, the sky won't fall! !
however, it is very important to keep your word, or your credit will be seriously damaged in the future, which will be very troublesome!
The credit card debt of 7, yuan is really quite large. Under normal circumstances, if the overdue amount is more than 5, yuan and the overdue time is more than 6 months, the bank will basically pay everyone. Of course, it is not a terrible thing. As long as you take active measures to deal with it, there is still some room for recovery.
at present, you have two options.
it is not the purpose of the bank to welcome everyone, but the most fundamental purpose of the bank is to hope that everyone can pay back the money. Your case is going to court next Tuesday, and you can negotiate with the bank for a solution before the court session.
Of course, at this stage, the bank will definitely not be willing to negotiate with you to repay by installments. The only acceptable thing is that you can repay in full. If you have the ability yourself, or borrow money from relatives and friends to pay off the 7 thousand yuan owed by the bank at one time, then the bank will generally agree to negotiate with you and then cancel it.
of course, after the bank agrees to withdraw the lawsuit, you must bear some litigation costs arising from it. But dropping the lawsuit is good news for you. After all, having a judicial record is a disadvantage for you. Now many institutions will focus on the judicial record of the parties when approving loans or credit cards or doing other things. If you have a judicial record in recent years, you can't do many things. Therefore, you can collect enough money to pay off the bank credit card in one lump sum, so that you won't have a lawsuit record after the bank is cancelled.
Credit card debt is a very common thing, but credit card debt is generally civil and does not involve criminal responsibility, so even if it is received by the bank, the final result is usually repayment. If you do not constitute illegal and criminal activities, there will be no criminal responsibility.
therefore, if you are unable to pay off all the debts owed by the bank at one time, you can only respond to the lawsuit. After making a judgment, there are only three kinds of results.
the first result is to mediate, and then you only need to implement it according to the content of the judgment. However, the content of mediation varies from person to person. If you have the ability to repay, you will still be sentenced to pay off the bank's debts at one time according to the bank's requirements. If you are unable to repay the loan and have no property to execute, you may ask the bank to stop paying the loan after verifying your personal assets. Simply speaking, the bank stops charging interest, and then repays the principal and interest owed by the credit card quality inspection in installments, but the longest installment time cannot exceed 5 years. After the judgment, you only need to repay according to the installment amount.
The second result is that you are deemed to have repayment ability. For example, if you have a stable income source and relevant assets under your personal name can be executed, you may be sentenced to pay off the bank's debts at one time. However, if you refuse to execute the judgment, you will not take it seriously at all. After the effective time of the judgment has passed, the bank may apply for compulsory execution of the assets under your personal name and auction the relevant assets under your name to repay the bank's loans.
and in this process, if you deliberately hide and transfer assets in your personal name to avoid bank debts, you may be sentenced to jail for refusing to execute the judgment or ruling.
the third result is that your credit card is overdue, which constitutes a credit card crime. If this is the case, then the problem is more serious. Credit card crime belongs to criminal responsibility, and it will not only face fines, but also face the possibility of imprisonment. As for whether your credit card supervision constitutes a credit card crime, it is not up to the bank to decide, but it is up to the bank to decide. Only if your credit card overdraft is for the purpose of illegal possession, you overdraw a large number of credit cards beyond your ability, and use the overdraft credit card income for profligacy, and you still don't repay it after being urged by the bank twice, which may lead to the overdue of your credit card for more than three months.
if your credit card is overdue not because of malicious overdraft, but because you really can't repay it, and after the overdue, you don't deliberately avoid the bank's collection, but actively cooperate with the bank's related work, and then try your best to pay back some money every month, it won't constitute a credit card crime.
In short, in any case, now that the bank has brought you here, you should actively respond to the lawsuit. After making the judgment, if you have no objection, you should abide by the contents of the judgment, and then repay the bank's debts according to the judgment.
If you don't constitute a credit card crime, even if the verdict is made, you won't constitute a criminal offence, just pay back according to the content of the verdict.
However, I need to remind you that after the verdict comes down, you must carry it out in time and don't shirk your responsibility, otherwise it is likely to be included in the list of people who have been executed for dishonesty, and then your life and work will be greatly affected.
the bank has the right to pay you if the credit card is overdue for more than three months. 7, yuan in arrears is not a large amount. In 218, the CBRC stipulated that the credit card will only be accepted if it is more than 5, yuan. The credit card below 5, yuan is a civil liability, but it is only an adjustment. Obviously, the bank will not go if it is less than 5, yuan, because it will not constitute criminal responsibility, but the risk of being more than 5, yuan is still great.
7, yuan can only be used in several situations. First, you don't repay a little every month on time, even if it's one or two hundred yuan. Second, you disappear and don't answer the bank phone. Third, if you apply for false credit card information, you have used the credit card for less than two years; Fourth, you have property under your name, such as a house and a car, and the debt ratio is not high. The above situation will be avoided, but the fourth point is very risky, because you have property and don't have the obligation to repay.
No matter what happens, face the reality and actively respond to the lawsuit. You'd better ask a lawyer or an experienced person to accompany you as an agent, and the court will negotiate with the bank to solve the problem. Repayment by installment or by other means of paying debts with assets. Be prepared for the repayment amount. If the negotiation fails, it needs to be repaid in one lump sum within the specified time, otherwise the property under the name will be executed, and if there is no property, the untrustworthy person will be sentenced.
I'll answer, since I've been sued, I'd better try to answer the lawsuit if I can! If you can't answer the lawsuit, then actively prepare money to fulfill the judgment.
article 196 of the criminal law has clearly stipulated that the bank's refusal to return it after three months' overdue is a malicious overdraft, and if the amount exceeds 5,, it may face criminal responsibility.
Now that the hearing has been notified, it at least shows that you can be sure that there is no risk of criminal responsibility. The bank should take a civil lawsuit and you should pay back the arrears. The judgment is enforceable.
Civil litigation will be relatively fair to you and the bank:
First of all, the bank will determine the amount of litigation and judge the repayment amount that the defendant should perform according to the situation. Interest is within the legal provisions, and the excessive part is not recognized.
Secondly, if you refuse to accept the judgment, you can appeal to the next higher level, which will give you a chance to protect your rights and interests.
Finally, you will be given execution time. Although the written judgment is usually 15 working days, you can have more time to deal with it.
many people choose to escape after receiving a summons, but escaping does not solve the problem. I have seen the executed person know that he has been executed only when he goes to buy a plane ticket. This is the case of changing contact information or registered address.
1. If you can respond to the lawsuit, you can respond as much as possible. If you can't go far away, you don't have to go. This kind of evidence is relatively clear, and you will only have one more opportunity to make a statement. If you don't do it, it will be useless. There are many places far away from the defendant's residence. There are thousands of expenses for each trip, so it is better to use it for repayment.
2. Actively collect money to prepare for the execution of the judgment. At this time, if you have the ability to repay, you'd better find a way to deal with the arrears.
3. You can negotiate with the bank after receiving the judgment. Although the bank has. But the ultimate goal is to pay back the money, and the purpose of civil litigation is mainly to repay the money. There is no other punishment.
4. I believe many people have reached this point and don't have much money to hire a lawyer, so the lawyer's fee can be saved.
many people are concerned about what will happen if the credit is overdue and the payment is not made?
1. The judgment will stipulate the time for the defendant to perform the judgment. If the judgment has not been performed after the time, the bank can apply for enforcement.
2. Once the enforcement is accepted, the defendant's bank card, WeChat and Alipay will be frozen.
3. If it can't be returned, it will be executed as a faithless person. Once it is executed as a faithless person, the influence will be very great.
4. If you are executed as a dishonest person, you can apply to withdraw from the list of untrustworthy persons after paying off the arrears.
5. The person who was executed and broke his promise mentioned here was executed after the lawsuit, and was restricted by travel and consumption. It's not that you're a faithless person if you're overdue.
you are worried about going to jail. Let me give you some advice.
In many people's understanding, everyone thinks that the bank will definitely mean going to jail after taking everyone there, which is actually a big misunderstanding.
What we need to understand is that credit cards belong to civil cases, not criminal cases, and imprisonment is usually sentenced because it involves criminal cases.
Of course, overdue credit cards may not be upgraded to criminal cases, because everyone is suspected of credit card crimes, and the scope of credit card crimes is relatively wide, such as forging credit cards and using expired credit cards to overdraw. In addition, there is something related to the overdue credit card, that is, the overdue credit card constitutes a malicious overdraft.
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 3 months after being repeatedly urged by the issuing bank.
Of course, even if everyone constitutes a malicious overdraft of credit cards, they don't have to go to jail. According to the latest legal documents, only when the amount of malicious overdraft of credit cards reaches more than 5, yuan will it be considered as the so-called "large amount" of credit cards in Article 196 of the Criminal Law.
You owe more than 7, yuan now. I suggest that you should pay back your debt to less than 5, yuan as far as possible, so that it will not be considered as a large amount. Basically, the verdict will only sentence you to repay the bank's debts within the specified time.
If you deliberately avoid the bank's collection after your credit card expires, and change your phone number and address to avoid the bank's collection, the bank may think that you are for the purpose of illegal possession and be sentenced to malicious overdraft of your credit card.
So after your credit card is overdue, don't deliberately avoid the bank's collection, but actively cooperate with the bank's work, so that the bank's collection department won't dare to do anything with you. After all, at present, the bank's collection must be recorded, and you can also record it yourself for evidence.
Especially after the judgment comes down, if you have the ability to execute it yourself, you must execute it according to your judgment, and don't treat your judgment as a joke.
If you fail to fulfill the relevant responsibilities and obligations within the specified time after the judgment is made, or even deliberately evade the repayment responsibility by hiding assets or transferring assets, after this happens, you may be sentenced for refusing to execute the judgment or ruling, so even if your credit card fails to meet the sentencing standards for credit card crimes, you may still face the risk of imprisonment.
My son graduated from college and has owed more than 2, yuan in online loans after working for four years. I borrowed from friends and colleagues to collect more than 1, yuan, which was really not enough. Every few days, I was urged by phone, and my heart was filled with despair at the sight of the phone call. Today, I made a phone call with a small win card loan, and it was 1,6 yuan. I said that I would not inform the neighborhood committee again. I said, let him go to jail, so that I can breathe a sigh of relief. He said that there are no parents like you. My salary is 3, yuan a month, and I have to pay back more than 1, yuan a month. I really can't borrow it. At that moment, I really want to die, but I can't keep my eyes open when I gave birth to such a son. Maybe I can only stop if I go to jail, and my heart is hopeless. < P > Let's look at a real case first. In July 219, Guo, a man from Meizhou, Guangdong Province, won 8 months because of a credit card of 55, yuan.
Supposedly, Guo's debt is not high. As long as it is handled normally, he will not be sentenced. What caused this situation? Let's take a look, which is worthy of reference.
This incident originated in October 21, when Guo went to the bank to apply for a car credit card and applied for a car loan of 85, yuan, which was repaid in 24 installments. However, one year later, Guo stopped repayment, and then spent more than 1, yuan by credit card. Therefore, the bank collected it by letter in November 211 and July 212. Guo played it.