What if the credit card is not returned?
Attitude is very important, take the initiative to explain the actual situation to the local card department of the issuing bank. Don't avoid it, or the bank will think that you have defaulted maliciously. Even if you can't repay in full, you should try to show your sincerity in part;
Credit card arrears can be prosecuted to the court under the following circumstances:
Other collection methods are invalid, and the overdraft principal and interest exceeds 1000 yuan;
B. To grasp the property information such as customer's arrears deposits, it is necessary to freeze the judgment;
C) Being required to participate in collection due to outstanding debts;
Overdue records will automatically enter the credit information system of the People's Bank of China, and banks do not need to report them. Bad records will not be cancelled after settlement, and will not be overwritten in the system until 24 months after settlement. The credit information system can only find the records of the last 24 months.
If it is a credit card of China Merchants Bank, if the minimum repayment amount of the bill is not returned in time before the due repayment date, it will be charged with late fees and interest, and personal credit will also be affected. The overdue fine is 5% of the unpaid minimum amount, and the minimum amount is RMB 10 yuan or USD 1 yuan. Interest means that all consumption in the current period is charged from the bookkeeping date (usually the day after consumption), and the daily interest rate is five ten thousandths until it is fully paid off.
In order to avoid affecting personal credit, it is recommended to repay on time. If it is not convenient to pay off the bill in full, please pay off at least the minimum repayment amount on time.
The credit card owes more than 70 thousand, and now it is paid back. I'm going to court next Tuesday. What should I do?
Don't worry, water under the bridge.
A friend of mine was once summoned by the judicial process because he owed millions of loans to the bank.
So in court, all you need to do is:
First, sincere attitude;
Second, negotiate with the bank.
Remember, the purpose of the bank is to make you pay back the money, not to put you in jail! So as long as you can take an attitude and plan to pay back the money, banks and banks will be lenient.
You can put forward several requirements and methods to the bank:
1) Reduce your repayment interest appropriately;
2) Extend your repayment period appropriately;
3) Give some minor punishments appropriately;
As long as you give the bank and a so-called repayment plan, they will basically do nothing to you. For a fund of 70,000 yuan, you can repay it in installments within 1 ~ 2 years, and the matter will be solved at around 3,000 yuan per month.
Don't worry, it's only 70 thousand. It's not 7 million, the sky won't fall! !
However, it is very important to keep your word, otherwise the future credit information will be seriously damaged and it will be very troublesome!
Credit card debt is 70 thousand, which is really a lot. Under normal circumstances, if the overdue amount is more than 50,000 yuan and the overdue time is more than 6 months, the bank will basically pay everyone. Of course, this is not a terrible thing. As long as you take active measures to deal with it, there is still room for recovery.
At present, you have two choices.
Attracting people is not the purpose of banks. The most fundamental purpose of the bank is to hope that everyone can pay back the money. Your case will go to court next Tuesday, and you can negotiate with the bank for a solution before the court session.
Of course, now that we have reached this stage, the bank will definitely not be willing to negotiate with you to repay the loan in installments. The only acceptable thing is that you can repay in full. If you have the ability, or borrow money from relatives and friends to pay off the 70 thousand yuan owed by the bank at one time, then the bank will generally agree to negotiate with you before canceling.
Of course, after the bank agrees to withdraw the lawsuit, some of the litigation costs arising therefrom must be borne by itself. But dropping the charges is good news for you. After all, having a judicial record is a disadvantage for you. Nowadays, many institutions will focus on the judicial records of the parties when approving loans or credit cards or doing other things. If there is a judicial record in recent years, many things can't be done. So you can collect enough money to pay off the bank credit card at one time, so that you won't have a lawsuit record after the bank is cancelled.
Credit card debt is a very common thing, but credit card debt is generally only civil and does not involve criminal responsibility, so even if it is accepted by the bank, the final result is generally repayment. If it does not constitute an illegal or criminal act, there is no criminal responsibility.
So if you can't pay off the bank's debts at one time, you can only respond to the lawsuit. After making a judgment, there are only three results.
The result of 1 is that mediation is reached, and then you just need to implement it according to the content of the judgment. But the content of mediation varies from person to person. If you have the ability to repay, you will still be sentenced to pay off the bank's debts in one lump sum according to the bank's requirements. If you are unable to repay the loan and have no property to execute, you can ask the bank to stop paying the loan after verifying your personal assets. Simply put, the bank stops charging interest, and then repays the principal and interest owed by credit card quality inspection in installments, but the longest installment time cannot exceed 5 years. After the judgment, you only need to repay the loan in installments.
The second result is that you have the ability to repay. For example, if you have a stable source of income, the relevant assets under your personal name can be executed, and you may be sentenced to pay off the debts of the bank at one time. However, if you refuse to execute the judgment, you won't take it seriously at all. After the effective time of the judgment, the bank can apply for enforcing the assets under your personal name and auction the relevant assets under your name to repay the bank's loan.
Moreover, in this process, if you deliberately hide or transfer assets under your personal name to avoid bank debts, you may eventually be sentenced to jail for refusing to execute the judgment or ruling.
The third result is that your credit card is overdue, which constitutes a credit card crime. If so, then the problem is even more serious. Credit card crime is a criminal responsibility, and it will not only face fines, but also face the possibility of imprisonment. As for whether your credit card supervision constitutes a credit card crime, it is not the bank that has the final say, but the bank that has the final say. Only when your credit card overdraft is for the purpose of illegal possession, you overdraw a large number of credit cards beyond your own ability, and use the overdrawn credit card income for profligacy, and you still don't repay after two reminders from the bank, it may lead to your credit card overdue for more than three months.
If your credit card is overdue not because of malicious overdraft, but because you are really unable to repay it, and you don't deliberately avoid the bank's collection after it is overdue, but actively cooperate with the bank's related work, and then try to repay part of the money every month, it does not constitute a credit card crime.
In short, in either case, since the bank brought you here, you should actively respond to the lawsuit. After the judgment is made, if there is no objection, the contents of the judgment shall be observed, and then the bank debts shall be repaid according to the judgment.
If it doesn't constitute a credit card crime, even if it is judged, it doesn't constitute a criminal offence, just follow the content of the judgment.
However, I need to remind you that after the judgment is made, you must fulfill it in time and don't shirk your responsibility. Otherwise, it is likely to be included in the list of untrustworthy people, and then your life and work will be greatly affected.
If the credit card is overdue for more than three months, the bank has the right to you. The debt of 70,000 yuan is not a large amount. In 2065438+2008, the CBRC stipulated that credit cards should be cancelled only if they cost more than 50,000 yuan, and credit cards with less than 50,000 yuan are civil liabilities, which are just adjustments. Obviously, banks under 50,000 won't go because it doesn't constitute criminal responsibility, but the risk above 50,000 is still great.
There are very few cases of 70,000 yuan compensation. First, you don't pay back a little on time every month, even if it's one or two hundred dollars. Second, you disappeared and didn't answer the bank phone. The third is to apply for false credit card information and use the credit card for less than two years; Fourth, you have real estate in your name, such as houses and cars, and the debt ratio is not high. The above situation will be avoided, but the fourth point is very risky, because you have property and have no obligation to repay it.
No matter what the situation is, we must face the reality and respond positively. You'd better ask a lawyer or an experienced person to accompany you as an agent. The court will negotiate with the bank to solve the problem, repay the loan in installments, or pay off the debt with assets. You should be prepared for the repayment amount. If the negotiation fails, you need to repay it in a lump sum within the specified time, otherwise your property will be executed, and if you have no property, you will be sentenced to dishonesty.
I'll answer it. Now that I've been sued, try to answer it if you can! If you can't answer the lawsuit, then actively prepare money to fulfill the judgment.
Article 196 of the Criminal Law has clearly stipulated that if the bank refuses to return the money after three months, it is a malicious overdraft, and if the amount exceeds 50,000, it may face criminal responsibility.
Now that the hearing has been notified, at least it shows that you can be sure that there is no risk of criminal responsibility. The bank should take civil action, and you should pay back the arrears. This judgment is enforceable.
Civil litigation will be relatively fair to you or the bank;
First of all, the amount of the lawsuit filed by the bank will be determined, and the repayment amount that the defendant should perform will be judged according to the situation. Interest is within the scope prescribed by law, and the excess will not be recognized.
Secondly, 15, after receiving the judgment, can appeal to the next higher level if it refuses to accept the judgment, so that it can have the opportunity to safeguard its rights and interests.
Finally, you will be given execution time. Although the verdict is usually 15 working days, you can still have more time to deal with it.
Many people choose to escape after receiving a summons, but escaping does not solve the problem. I have met the executed person, and only when I went to buy a plane ticket did I know that I was executed. This is the case of changing contact information or registered address.
1, if you can respond, try to respond. If you can't go far away, you don't have to go. This kind of evidence is relatively clear, and your going only gives you an opportunity to make a statement. It's useless if it's not appropriate. There are many places far from the defendant's residence. Every trip has thousands of expenses, so it is better to use it for repayment.
2. Actively collect money and prepare to execute the judgment. At this time, if you have the ability to repay, you'd better find a way to deal with the arrears.
3. You can negotiate with the bank after receiving the judgment. Although the bank does. But the ultimate goal is to pay back the money, and the main purpose of civil litigation is to pay back the money. There is no other punishment.
I believe many people have reached this point, and they don't have much money to hire a lawyer, so the lawyer's fee can be saved.
Many people care, what will happen if the credit fails to pay?
1, the judgment will stipulate the time for the defendant to perform the judgment. If the judgment has not been executed after the time limit, the bank may apply for compulsory execution.
2. Once compulsory execution is accepted, the defendant's bank card, WeChat and Alipay will be frozen.
If you can't return it, you will be executed as a faithless person. Once executed as a faithless person, the impact is very great.
4. If a person is executed as a faithless person, he can apply to withdraw from the list of faithless people after paying off his debts.
5. The faithless person who was executed here was executed after the lawsuit ended and accepted travel and consumption restrictions. If you are out of date, it doesn't mean that you are a person without faith.
You're worried about going to jail. Let me give you some advice.
In many people's understanding, everyone thinks that the bank will definitely mean going to jail, which is actually a big misunderstanding.
What we need to understand is that credit cards are civil cases, not criminal cases, and they are usually sentenced to imprisonment because of criminal cases.
Of course, the overdue credit card cannot be upgraded to a criminal case, because everyone is suspected of credit card crimes, and the scope of credit card crimes is relatively large, such as forging credit cards and using expired credit cards to overdraw. In addition, there is something related to overdue credit cards, that is, overdue credit cards constitute malicious overdraft.
The so-called malicious overdraft of credit card refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it for more than 3 months after being urged twice by the issuing bank.
Of course, even if everyone constitutes a malicious overdraft of credit cards, they may not necessarily go to jail. According to the latest legal documents, a credit card with a malicious overdraft amount of more than 50,000 yuan is considered as a "large amount" in Article 196 of the Criminal Law.
You owe more than 70,000 yuan now, so I suggest that you try to pay back the money to less than 50,000 yuan first, so it is not a big case. Basically, the judgment will only sentence you to repay the bank debt within the specified time.
If you deliberately evade the bank's collection after the credit card expires, and evade the bank's collection by changing the phone number and address, the bank may think that you illegally possess it and be sentenced to malicious overdraft of the credit card.
Therefore, after your credit card is overdue, don't deliberately avoid the bank's collection, but actively cooperate with the bank's work, so that the bank's collection department will not dare to take anything from you. After all, at present, the bank's collection must be recorded, and you can also record it yourself for evidence collection.
Especially after the judgment, if you have the ability to execute it yourself, you must follow the new judgment and don't treat it as a joke.
If you don't fulfill the relevant responsibilities and obligations within the specified time after the judgment is made, or even deliberately evade the repayment responsibility by concealing assets or transferring assets, after this happens, you may be sentenced for refusing to execute the judgment or ruling, so even if your credit card fails to meet the sentencing standards for credit card crimes, you may still face the risk of imprisonment.
My son graduated from college, worked for four years and owed more than 200,000 online loans. Borrowing hundreds of thousands from friends and colleagues is really not enough. I was urged by the phone every few days, and when I saw the phone, my heart was full of despair. Today, I called with a small win card loan 1600 and said that I would not inform the neighborhood Committee again. I said, let him go to jail, so that I can breathe a sigh of relief. He said there was no one like you. My salary is 3000 yuan a month, and I have to pay back more than 10 thousand yuan a month. I really can't borrow it. At that moment, I really wanted to die. I couldn't keep my eyes open after giving birth to such a son. Maybe I can only stop by going to jail. I have endless despair.
Let's look at a real case first. 2065438+July 2009, Guo, a man from Meizhou, Guangdong Province, was sentenced to 8 months in prison and fined 20,000 yuan for a credit card of 55,000 yuan.
It is said that Guo's debt is not high. As long as it is handled normally, it will generally not be sentenced. What caused this situation? Let's take a look, it's worth referring to.
This happened on 20 10, 10. Guo went to the bank to apply for a car credit card and applied for a car loan of 85,000 yuan, which was repaid in 24 installments. But a year later, Guo stopped repayment and spent more than RMB1600,000 by credit card. So the bank applied for 20 1 1668. Guo played a clever trick, changed his mobile phone number and went to work in other places to avoid contact with bank personnel.
The bank reported to the public security organ on June 20 13, and Guo used his credit card to maliciously overdraw 5528 1.48 yuan. On July 4, 20 18, Guo took the initiative to pay off the malicious overdraft of his credit card and obtained the bank's understanding, but it was too late. The trial held that Guo maliciously overdrawn the credit card line by more than 50,000 yuan and the bank twice.
Through the above case, the subject should be very clear that the bank's collection has reached a very serious level. If it's just a civil lawsuit, prepare for repayment as soon as possible, because now the bank can find you and there is room for negotiation. As long as the arrears are replaced, it is only a stain on personal credit information, and there will be no big loss.
If you are penniless now, then actively respond to the lawsuit. As long as you don't deliberately escape, there is really no money, and no one can do anything about you, so there will be no problem.
The last way to avoid it is to avoid it. If you avoid the bank's collection like Guo and don't appear in court, it is likely to be considered as a malicious overdraft credit card, and the amount exceeds 50,000 yuan. Not only will it be forced to repay and fined, but it is also inevitable to be sentenced.
Therefore, it is suggested that the subject actively negotiate with the bank to get an understanding of early repayment.
I owe 13 credit cards more than 200 thousand, but I didn't delay, just mortgage and car loan. I can't open it for three years now, and I swipe my card every month. Today, I really can't. I communicated with my daughter-in-law for many days. Today, I sold my house. I don't know that I have spent all my money in the past three years, and I haven't gambled or anything. Credit cards, really. My daughter-in-law and I made a decision. I don't know if I sold my house to pay my debts. It reminds everyone to make money on their own. If you use credit cards well, you can make a fortune. They can't make money. If they only live on this, they will get deeper and deeper. This is my ending. Being blacklisted by banks will be troublesome and will also affect the next generation. I have a deep understanding of how capable they are!
Personal experience, I have a Puka, which is overdue for 4 months. I received a letter from my lawyer and kept calling every day. I have already called home! I also came to the door, and my attitude was quite good. The collection also means that I really can't afford it now. After negotiation by the bank, the final plan is 10 to repay 50% of the arrears in installments without interest. At that time, this was really my best result! But the headache is that I really can't afford 20 thousand yuan! Otherwise, it will not be overdue, and everyone should have a deep understanding! Later, I learned about a department through my friends. They negotiated interest-free installments through lawyers and banks, and finally gave me 32 installments, paying 1200 every month. This is the result of treatment, which really relieved me a lot! I hope everyone can find the right solution. Helplessness is useless. Cheer up, there's nothing wrong with it, and life goes on. Those who have children think of children, and those who have no children think of their parents! One day, we will turn over! [strong]
Hang in there, I'm much more difficult than you. 17 owed more than one million yuan, 400,000 credit cards, 200,000 relatives and friends and 400,000 loans. At that time, my mind was in a mess every day, and I didn't have the courage to answer the phone when I saw it! My hair really turned white overnight. When I lie down, I'm afraid of dawn, phone calls and people who have to pay bills. As a result, I managed to escape. Now my annual income is more than 500 thousand, which is very casual. Hang in there, brother, find a good way and wait for your chance! Don't fall! Persistence is the most important thing, and every line is the champion. Now people from all walks of life are rich. Many people can't get rich just after entering the door. They must find the right way and stick to it. Men can't be poor, come on.
How long does it take to owe 70 thousand credit card?
Those who owe more than 70,000 yuan to a credit card and reach a relatively large amount as stipulated in the crime of credit card will generally be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan. The specific sentencing period should be comprehensively considered in combination with the perpetrator's criminal circumstances.
Legal basis:
Article 196 of the Criminal Law of People's Republic of China (PRC) commits one of the following acts, if the amount is relatively large, it 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
What if the credit card owes 70 thousand yuan?
Overdue situation
If your bill is overdue, please repay it as soon as possible according to the repayment time and amount mentioned by the staff. You can also follow the bank's dunning.
Contact the relevant personnel with the telephone number of the staff on the short message and solve it through consultation.
It is estimated that in 90 days, the bank will send a notice telling the credit card holder twice and still not return it.
Get more than 5 thousand
Below 30 thousand
Three years in prison
More than 30,000 yuan, less than 6,543,800 yuan, fixed-term imprisonment of more than 5 years and less than 654.38+ 00 years;
Before, negotiate with the bank and settle out of court!
The introduction of how to owe 70 thousand credit cards and how to owe 70 thousand credit cards ends here. I wonder if you have found the information you need?