If you owe more than 20,000 yuan on a credit card, you will be prosecuted. The details are as follows:
1. If a credit card holder owes 20,000 yuan and fails to repay it overdue, and the bank reminds the cardholder three times to repay, the cardholder will If the debt is still not repaid, the bank will send a lawyer's letter to the cardholder;
2. If the debt is still not repaid, the bank may sue the cardholder.
The process of being sued for overdue credit cards:
1. After the credit card is overdue, the bank will first conduct a collection period of 3-6 months on the overdue user;
2. If If the cardholder still does not repay the debt after reminders, there will be two situations: first, the date for filing a lawsuit is to be determined as a bad debt; second, the cardholder is preparing to submit materials for prosecution;
3. The court receives a lawsuit from the bank After the request, the truth will be investigated. If the court can determine that the cardholder has long-term default in repayment, the court will ask the bank for the cardholder's personal information;
4. The bank needs to prepare litigation materials OK, then submit it to the court;
5. After the court receives the bank’s litigation materials, it will usually review and approve it within 7 days. If the court accepts the case after approval, it will issue a summons and litigation materials to overdue users. ;
6. After receiving the subpoena, the cardholder can apply for out-of-court mediation with the bank to negotiate repayment matters. If the negotiation cannot be reached, the case will be heard, heard, and judged;
7. After a civil judgment, if the overdue user still fails to repay within the time limit specified in the judgment, the bank has the right to apply for compulsory execution;
8. When accepting compulsory execution, the court will inquire according to law Real estate, cars, securities and deposits in one’s own name;
9. If there is no enforceable property in one’s name and the person refuses to fulfill the effective judgment of the court, he will be restricted from taking flights, high-speed rail, high consumption and entry/exit, and may even be detained in judicial custody for 7-15 days.
Legal basis: Article 69 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks"
Credit card collection letters shall fully disclose the following basic information to the cardholder: cardholder’s name and The outstanding balance, reasons for collection and relevant laws and regulations, relevant rights and obligations of cardholders, ways to check account status, repayment, raise objections and provide relevant evidence, contact information of the card-issuing bank, relevant business seals, and other content stipulated by regulatory agencies.
When a card-issuing bank receives a cardholder’s objection to credit card collection, it shall promptly make a note on the relevant credit card account and carry out verification and processing.
Article 70
Under special circumstances, if it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the card-issuing bank may Negotiate with cardholders on an equal footing to reach a personalized installment repayment agreement. The maximum term of a personalized installment agreement shall not exceed 5 years.
The contents of the personalized installment repayment agreement should at least include:
(1) Arrears balance, structure, currency;
(2) Repayment Period, method, currency, date and repayment amount of each period;
(3) Whether annual fees, interest and other fees will be charged during the repayment period;
(4) Holding Cardholders shall not apply for a credit card commitment from any bank before all amounts related to the personalized installment agreement have been settled;
(5) Rights, obligations and liability for breach of contract by both parties;
< p> (6) Other matters related to repayment.If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collecting payments from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt.