I have a friend who was summoned by the court and entered the judicial trial 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, the bank and the court 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 the court 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!
The credit card owes 70 thousand, which is really a lot. Under normal circumstances, if the overdue amount exceeds 50,000 yuan and the overdue time exceeds 6 months, the bank will basically take everyone to court. Of course, it is not terrible to sue in court. As long as you take active measures to deal with it, there is still room for recovery.
At present, you have two choices.
It is not the purpose of the bank to take everyone to court. 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 the stage of prosecution, the bank will certainly 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 and then cancel the court's prosecution.
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 common thing, but credit card debt is generally only a civil dispute and does not involve criminal responsibility, so even if you are sued by the bank to the court, the final result is generally repayment. If it does not constitute an illegal or criminal act, it shall not bear criminal responsibility.
So if you can't pay off the bank's debts in one lump sum, you can only go to court to answer the lawsuit. After the court made a judgment, there were only three results.
The result of 1 is court mediation, and then you just need to follow the court's decision. However, the content of court mediation varies from person to person. If you have the ability to repay by yourself, the court will generally order you 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, the court may 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 court decides, it is only necessary to repay the loan in installments.
The second result is that the court finds that you have the ability to repay. For example, if you have a stable source of income and the relevant assets under your personal name can be executed, the court may decide that you should pay off the debts of the bank at one time. However, if you refuse to carry out the court decision, you will not take it seriously after the court decision. After the effective time of the court decision has passed, the bank can apply to the court to enforce 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 in order to avoid bank debts, the court may eventually sentence you to jail for refusing to execute court judgments and rulings.
The third result is that your credit card is overdue, which constitutes the crime of credit card fraud. If so, then the problem is even more serious. The crime of credit card fraud is subject to criminal responsibility, not only facing fines, but also facing imprisonment. As for whether your credit card supervision constitutes a crime of credit card fraud, it is not the bank that has the final say, but the court that has the final say. Only when your credit card overdraft is for the purpose of illegal possession, you overdraw your credit card in a large amount beyond your ability, and use the overdrawn credit card income for profligacy, which may lead to the overdue of your credit card for more than three months after the bank has made two reminders.
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 pay back part of the money every month, it does not constitute the crime of credit card fraud.
In short, in either case, since the bank has sued you to the court, you should actively respond. After the court's decision, if you have no objection, you must abide by the court's decision and then repay the bank's debts according to the court's decision.
If it does not constitute a crime of credit card fraud, even if the court makes a judgment, it does not constitute a criminal offence. You just need to repay the money according to the contents of the court decision.
But I need to remind you that after the court's decision, 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 by the court, and your life and work will be greatly affected.
The bank has the right to sue you if the credit card is overdue for more than three months. A debt of 70,000 yuan is not a large sum. In 20 18, the CBRC stipulated that the credit card would be prosecuted only if it cost more than 50,000 yuan. If it is less than 50,000 yuan, it is a civil liability, but it is only an adjustment. Obviously, banks with less than 50,000 yuan will not prosecute, because it does not constitute criminal responsibility, but the risk of prosecution with more than 50,000 yuan is still great.
Prosecution of 70,000 yuan is rare. 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 prosecuted, but the fourth point is very risky, because you have property and have no obligation to repay it.
No matter what the case is, we should face the reality bravely and actively respond to the lawsuit. 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 a civil lawsuit and sue you for repayment of the arrears. This judgment is enforceable.
Civil litigation will be relatively fair to you or the bank;
First of all, the court will identify the amount of litigation filed by the bank and judge the repayment amount that the defendant should perform according to the situation. Interest is within the scope of the law, and some courts that are too high will not recognize it.
Secondly, 15, after receiving the judgment, can appeal to a higher court if it refuses to accept the judgment, so as to 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, you can try to respond. If you can't go far away, you don't have to go. The evidence of this kind of prosecution is clear, and you will only have one more chance to make a statement. It's useless if it's not appropriate. There are many prosecution 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 has sued. 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 are concerned about what will happen if the credit is overdue and they are sued and do not 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 if it takes everyone to court. This is actually a big misunderstanding.
What we need to understand is that credit card disputes are civil disputes, not criminal cases, because criminal cases are involved, and imprisonment is usually imposed.
Of course, we can't escalate the overdue credit card into a criminal case just because everyone is suspected of the crime of credit card fraud. The crime of credit card fraud refers to a relatively large range, such as forging credit cards and overdrawing with expired credit cards. 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 of the Supreme Court, only when the amount of malicious overdraft of credit cards reaches more than 50,000 yuan can it be recognized as the so-called "large amount" of credit card fraud 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. The court's decision will basically only sentence you to repay the bank's debts 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 court decision, if you have the ability to execute it yourself, you must follow the court decision and don't treat the court decision as a joke.
If, after the court's judgment, you fail to fulfill the relevant responsibilities and obligations within the specified time, or even deliberately evade the repayment responsibility by concealing assets or transferring assets, after this happens, the court may sentence you for refusing to execute the court's judgment or ruling, so that even if your credit card fails to meet the sentencing standards for credit card fraud, 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 sue him and put him in jail, so I can breathe a sigh of relief. He said there was no you. I said if I was still worth a few dollars, sell me and give it back to me. 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. Out of sight, out of mind, I couldn't keep my eyes open when I gave birth to such a son. Maybe I can only stop in prison and 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 defrauding 55,000 yuan by credit card.
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 court held that Guo maliciously overdrawn the credit card limit by more than 50,000 yuan, and the bank had two.
Through the above case, the topic should be clear. Bank collection and court prosecution have 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 restitution and fines be compulsory, but it is also inevitable to be sentenced to fixed-term imprisonment.
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 very troublesome and will also affect the next generation. I deeply realize how capable I am!
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, more than 200,000 relatives and friends, and more than 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.