How long does it take for an overdue credit card to be classified as dishonest?

It usually takes about a year. From an overdue credit card to being listed as a person subject to enforcement for dishonesty, the process must go through: The credit card is seriously overdue - it constitutes a malicious overdraft and is sued - the court sentences the cardholder to enforce the card in accordance with the law - the cardholder refuses to enforce, and then he will be listed as a person subject to enforcement for breach of trust. A malicious overdraft needs to be overdue for at least three months to constitute a malicious overdraft, and it takes more than half a year from prosecution to the conclusion of a judgment and refusal to execute. How long does it take for an overdue credit card to become a dishonest person

Legal subjectivity:

It has been overdue for 3 months, and after the bank failed to collect effectively twice, it was sued by the bank, and before the court judgment If there is no repayment, and if you are able to repay after the judgment but refuse to do so, you will become a breach of trust. Generally, if a credit card is overdue for more than 90 days, it will be regarded as malicious overdue, and if it is more than 120 days, legal measures will be involved. Therefore, it is very dangerous for a loan to be overdue for more than 120 days.

The law is objective:

Article 196 of the "Criminal Law of the People's Republic of China" falls under any of the following circumstances: if the amount of credit card fraud is relatively large, Whoever commits a crime 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 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated: (1) Using a counterfeit credit card, or Using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. How long does it take for a credit report to be overdue to be considered a defaulter?

1. Positive answer

Whether you will be included in the list of defaulters after the credit report is overdue depends on the actual situation and whether the financial institution has Choose to sue the borrower.

2. Specific analysis

In addition, we also need to look at the nature of the prosecution.

1. Civil litigation

If the financial institution does sue the borrower and it is a civil lawsuit, then the borrower will first receive a leaflet from the court and other relevant information.

Afterwards, the court will organize a private negotiation between the borrower and the financial institution. If possible, the borrower can apply for a deferral of repayment during this negotiation.

If the negotiation is successful, the borrower's bill can be calculated in installments again, and the borrower will not be listed as a defaulter.

If the negotiated repayment fails, the borrower will be enforced by the court and will be listed as a defaulter within 90 days.

2. Criminal proceedings

If the borrower owes a large amount, exceeding 50,000 yuan, and there is malicious overdue or malicious borrowing, the financial institution may File a criminal complaint.

If the criminal lawsuit is established and the court makes a decision, the consequences that the borrower needs to face will not be listed as a defaulter but will be imprisoned.

The specific prison time needs to be judged based on the length of arrears and the severity of the case. Generally speaking, it will be three to seven years.

If the borrower is unwilling to go to jail, a larger fine will be imposed.

If the borrower is unable to repay the loan, the penalty should also be unaffordable.

In order to maintain a good credit record, we must also pay attention to our own online loan big data in a timely manner. This can be done by checking: Xiaoqixin, click Query, and you can see your own online loan big data Report to maintain good credit at all times.

3. What are the consequences of being included in the list of dishonest persons?

Being included in the list of dishonest persons has the following consequences.

1. Property subject to enforcement

The borrower's property will be subject to enforcement, including deposits, income, stocks, vehicles, land, real estate, pensions, etc., as long as they are All property belonging to the borrower's name will be forcibly frozen.

Things with auction value will be treated as auction items, and all funds obtained from the auction will be used to repay debts owed.

2. Restricted consumption and travel

The borrower’s travel and consumption will be restricted, and he will not be allowed to enter any high-consumption places, including shopping.

You will also be restricted from entering and leaving the country, and you will also need to pay double the interest on the debt during the period of delayed performance and pay the delayed performance fee.

3. Implicating family members

According to regulations, if parents are listed as persons subject to execution, all properties in the names of minor children will also be auctioned, and they will not be able to attend high-end schools. Private schools etc.

If there is property in the wife's name, it will also be auctioned, and half of the proceeds from the auction will be used to repay the debt. Generally, when a loan is overdue for more than 90 days, you may be sued by the lending institution. After the lawsuit is filed, if the loan still refuses to fulfill the judgment of the court, the lending institution can apply to the court for enforcement. When a borrower has the ability to repay but refuses to perform its repayment obligations, it may be classified as a breach of trust by the court. Therefore, if you fail to repay the debt for 90 days, you may become a defaulter.

After becoming a defaulter, you can apply for revocation as long as you have fulfilled your repayment obligations.

Extended information:

People's courts at all levels will notify relevant government departments, financial regulatory agencies, financial institutions, public institutions with administrative functions and industry associations, etc., of the persons subject to enforcement for breach of trust. The list information is used by relevant units to impose credit penalties on dishonest persons subject to enforcement in aspects such as government procurement, bidding, government support, administrative approval, market access, financing credit, and qualification determination in accordance with laws, regulations and relevant provisions; the credit report will be submitted to The institution reports the information on the list of dishonest persons subject to enforcement, and the credit reporting agency records the information in its credit reporting system.

The information on the list of dishonest persons subject to execution shall be entered into the Supreme People’s Court’s list of dishonest persons subject to execution and shall be uniformly announced to the public through the list database. China will jointly punish those responsible for breach of trust that seriously endanger normal order.

Baidu Encyclopedia-Breach of Trust