if a credit card is enforced after the deadline, first of all, the bank needs to sue in court. If the cardholder has not fulfilled the contract after the court's judgment, the bank can apply to the court for enforcement. There are two times to pay attention to in enforcement, one is the effective time and the other is the execution time.
The effective time is two years from the effective date of the judgment, and the execution time is two years from the date when the court receives the application for execution. If there are no special circumstances, the execution must be completed within six months. If the execution is terminated under special circumstances, the corresponding time shall be deducted.
if the cardholder can negotiate with the bank after the credit card is overdue, he can negotiate the repayment time and content. As long as the negotiation is successful, he can sign a personalized repayment contract, so that the cardholder can ask the bank to cancel the lawsuit. The purpose of bank prosecution is to make the cardholder repay. Therefore, if the cardholder fails to repay during the period of prosecution, the court will require the repayment period. After the court decides, if the cardholder fails to repay, it will be enforced on the cardholder.
What's the impact of being sued for overdue credit card
The impact of being sued by a bank for overdue credit card is mainly as follows: the customer repays the arrears as soon as possible after the court's judgment, and if the customer refuses to repay after the court's judgment, the court may enforce it, and may freeze the bank card under the customer's name, and then deduct the funds from it for repayment; Or mortgage or auction the assets under the customer's name, and use the auction proceeds to offset the arrears.
and if the customer is obviously able to repay the loan, but deliberately fails to do so, the court is likely to include the customer in the list of people who have broken the promise. At that time, once the customer becomes a faithless person, not only will the follow-up credit business be impossible, but even the daily consumption and travel will be restricted.
if the credit card is overdue for a long time, it will also generate a lot of penalty interest, and the customers will have to pay more and more, and the personal credit will be more seriously damaged. The overdue records in the credit report will also be kept all the time. If it is overdue for a long time, there will be negative information such as "three times and six times" on the credit report.
Therefore, you should try to pay off your credit card as soon as possible after it is overdue. If it is still overdue, you can take the initiative to contact the bank to negotiate and try to apply for an extension or stop paying.
If the cardholder's economy permits, it is necessary to repay all the debts of the credit card. If it is sued by the bank, it will be enforced after two to three months; If you can't repay in one lump sum, you can go through the formalities of stopping interest and hanging accounts. You need the cardholder to provide proof of his financial situation and explain to the bank that he is unable to repay. You can also mortgage and auction the assets under the cardholder's name.
Legal basis
Article 196 of the Criminal Law
Credit card fraud is committed under any of the following circumstances. If the amount involved is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 2, yuan but not more than 2, yuan shall also be imposed; 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 particularly 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 his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft.
the malicious overdraft mentioned in the preceding paragraph 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 after being urged by the issuing bank.