No matter how much the credit card debt is, civil lawsuits may be filed. The specific situation is as follows:
1. There is no clear regulation on the amount of overdue credit cards that will be sued. As long as If you fail to repay it overdue, you may be sued;
2. If the overdraft amount exceeds 10,000 yuan and is still not repaid for more than 3 months after two collections by the card-issuing bank, it constitutes a credit card Fraud shall be prosecuted for criminal liability.
What to do if you are sued for an overdue credit card:
If you are sued for an overdue credit card, you should proactively contact the bank to see if the case can be mediated privately. If the bank agrees, it should draw lots and pay off the debt as soon as possible; if the cardholder is really in financial difficulty, he can communicate with the bank to negotiate an extension of repayment; usually the bank just hopes to recover the debt as soon as possible, and does not really want to It is generally possible to take the cardholder to court, so the cardholder guarantees that he can repay the money as agreed and take action later. If the cardholder takes no action, it may be considered a malicious overdraft. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank.
How many days will your credit card be overdue?
Generally speaking, if your credit card is overdue for three days, your credit card will be called. Most banks have a time tolerance service, which is usually 2 to 3 days. That is to say, users are allowed to complete the repayment within 2 to 3 days after the final repayment deadline. This situation is not allowed. Credit will be checked at the meeting.
It should be noted that if a user has a credit report due to an overdue credit card, it will have an impact on many subsequent needs for loans, borrowings, etc. Therefore, it is recommended that the debtor pay off the debt as soon as possible. If you don’t have that much amount, you can call Bank of Communications to apply for installment.
Can I still use my credit card after overdue repayment:
It depends on the time and severity of the overdue payment. Generally, if you are overdue for more than three months, you will be blacklisted, and if you are overdue for one day, you will be blacklisted. Late fees and interest will be charged.
1. If you forget to repay due to negligence, you must repay as soon as possible after it is overdue, preferably in full. Then call the bank's credit card center and state that the debt is not malicious. If the record has been good in the past and the overdue time is short, and it is found that the repayment is good after the overdue period, it may not be recorded as a bad record. Don't be careless in the future. Be sure to pay attention to the bank's bill notifications and collection information to avoid overdue payments.
2. Some people apply for credit cards and seldom use them. When the credit card is overdue for repayment, they plan to use the credit card completely and simply ignore the credit card, neither making repayments nor canceling the card. In fact, this approach is very wrong. If you continue to fail to repay the loan, there will be an overdue payment once a month, which means that a bad credit record will be recorded once a month. If you fail to repay for many months in a row, you will be sued by the bank and found guilty of malicious arrears. Your credit record will become worse, and the amount of arrears will become larger and larger. In serious cases, you will be sentenced to fines.
Is an overdue credit card still considered a liability for breach of contract? Generally, as long as the payment is not repaid for more than three months, the party concerned can be held civilly liable and can be resolved through litigation. As long as the court gives As a result of the judgment, the debtor needs to fulfill his repayment obligations. If he refuses to repay, he can be punished for the crime of refusing to execute the judgment or award.
Legal basis:
"Criminal Law of the People's Republic of China"
Article 195 The crime of letter of credit fraud involves one of the following circumstances Whoever engages in letter of credit fraud 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 20,000 yuan but not more than 200,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the person 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 have his property confiscated: < /p>
(1) Using forged or altered letters of credit or accompanying documents and documents;
(2) Using invalidated letters of credit;
( 3) Obtaining letters of credit by fraud;
(4) Conducting letter of credit fraud through other methods.