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How will the civil lawsuit for overdue credit card be decided? How will the court decide for overdue credit card?

1. How will the civil lawsuit for overdue credit card be decided?

The judgment of the court for overdue credit card:

1. The court for overdue credit card generally only It will be decided that he shall bear civil liability;

2. If it constitutes a malicious overdraft, it constitutes a crime of credit card fraud. The court will generally impose a sentence of not more than five years in prison or criminal detention, and a fine of not less than 20,000 yuan and not less than 200,000 yuan. The following fines are imposed;

3. The crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property.

2. What to do if your credit card is overdue?

1. Use the minimum repayment function. Every bank has a minimum repayment function. As long as the minimum repayment is paid, the bank will not charge late fees and will not affect your personal credit. However, interest will be charged for repaying the minimum, which is 50% interest per day. Therefore, as long as you repay the minimum, although the pressure will be reduced, compound interest will occur, which will be relatively troublesome, and it can only be used as a temporary delay.

2. Use the installment function. If you are under pressure to repay, you can directly apply for bill installment. Generally, banks provide the function of 3, 6, 9, 12, 18, and 24 installments. You can choose the number of installments according to your repayment ability, which can ease the repayment. Stress will not affect your credit.

3. Change the billing date to extend the repayment period. The billing time cannot be changed casually. Generally speaking, it can only be changed once every six months. Some banks change it once a year, and some banks can only change it once.

4. Take the initiative to explain the situation to the bank and negotiate. If you are indeed unable to repay for a period of time due to special circumstances such as work, you can take the initiative to call the bank and explain the reason. Prove that you are not malicious in refusing to repay, but there is indeed a reason. Discuss whether you can delay the repayment. Do not ignore the bank by changing your phone number. , this way my personal credit is gone, unless I will never deal with banks again.

3. What are the consequences of overdue credit cards?

1. Pay late fees for credit card overdue fees. When the cardholder fails to repay before the due payment date (inclusive) or the repayment amount is less than the minimum repayment amount, he must pay the agreed late payment fee to the card-issuing bank in accordance with the contract.

2. Incur overdue interest. After users use a credit card to overdraft, they generally have an interest-free repayment period ranging from more than 20 days to more than 50 days. If this period is exceeded, corresponding overdue interest must be paid.

3. Affect personal credit. Overdue credit card repayment records will enter the central bank's credit reporting system to generate bad credit records. Bad credit reporting will not only affect future housing and car loans, but also affect travel, employment, etc.

4. Criminal liability. If the crime of credit card fraud is constituted, the person will face a fixed-term imprisonment of not more than 5 years, not less than 5 years, not more than 10 years, not less than 10 years, or life imprisonment, and a fine of not less than 20,000 yuan but not more than 200,000 yuan, and not less than 50,000 yuan but not more than 500,000 yuan, or confiscation. property.

When the court makes a judgment on an overdue credit card, it needs to make a determination based on the evidence submitted by both parties. For example, the plaintiff claims that the credit card has not been returned overdue, and the defendant has no relevant repayments. record, then in this case, the court will support the plaintiff's claim and make a judgment, which will then be legally effective.