Second, if the bank formally sues, you will receive a subpoena, which will usually be sent to the cardholder's home or unit.
Third, on the day of the trial, the court will judge the cardholder to demand repayment and formally inform the cardholder of the consequences of not paying back the money.
Fourth, if the cardholder insists on not paying back the arrears, the bank will apply for enforcement, confiscate the property and even face the risk of imprisonment.
The lawsuit will be accepted as much as the bank owes.
Reminder means that on the final repayment date stipulated by the bank, if you fail to deposit the repayment amount into your credit card account, the bank will remind you of repayment in various ways. There are usually telephone reminders and stationery reminders.
Overdue record If you don't deposit the due amount (or the minimum repayment amount) in the credit card bank on the final repayment date stipulated by the bank, your credit card will be counted as overdue and will be included in the personal credit information system, forming a credit stain. The overdue records of all banks are shared, so if you are overdue in one bank, don't expect other banks to use your credit card, including the application for mortgage and car loan in the future.
Legal penalties for overdue repayment of credit cards, if the circumstances are serious or the amount is significant, will constitute criminal acts such as credit card fraud. According to article 196 of the criminal law
Whoever commits credit card fraud in 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 20,000 yuan but not more than 200,000 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 50,000 yuan but not more than 500,000 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Credit card fraud includes using forged credit cards, using invalid credit cards and maliciously overdrawing other people's credit cards.
The amount of arrears is not a condition for the court to accept. As long as the conditions stipulated in the Civil Procedure Law are met, the court will accept it.
Article 108 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.