It is not terrible to be sued by the bank after the credit card is overdue. Everyone just needs to respond positively. At present, many people have overdue credit cards. According to the statistics of the central bank, by the end of 20 18, the amount of credit cards overdue for more than 6 months in China reached 78.8 billion. If you count the amount overdue for more than one month to half a year, the number of overdue people will be more.
However, for a small amount of overdue, the bank will basically not take everyone to court because it is not worth the candle. Under normal circumstances, if the overdue amount exceeds 10000 yuan and the overdue time exceeds 6 months, the bank may take everyone to court.
But even if the bank takes everyone to court, you don't have to worry too much. After all, credit card arrears are civil disputes, not criminal responsibilities, and the final judgment of civil disputes is basically based on compensation. After the bank sued everyone to the court, if everyone has no sufficient reason to defend, the court will definitely order everyone to repay the bank's credit card debt according to the regulations. Once the court decision takes effect, as long as everyone follows the provisions in the court decision, there will basically be no serious results.
Once the court decides, everyone must actively implement it according to the provisions of the judgment, otherwise they may face the risk of imprisonment. As we mentioned earlier, after being sued by the bank and the court made a judgment, things were not very serious, but in real life, after the court made a judgment, many people did not follow the court's judgment. Even by deliberately avoiding the pursuit of the court, hiding their own assets or maliciously transferring assets. If there is such vicious behavior, the court may sentence the party concerned to imprisonment for refusing to execute the judgment or ruling.
According to the provisions of Article 313 of the Criminal Law, if a people's court refuses to execute a judgment or ruling that it is capable of executing, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Only when everyone's credit cards are overdue and judged to constitute credit card fraud will they be sentenced to jail. Perhaps many friends will directly link the overdue credit card to the crime of credit card fraud. But in fact, overdue credit card does not mean the crime of credit card fraud. Under normal circumstances, most people's credit cards are sued by banks after the deadline, which will not constitute the crime of credit card fraud.
There are laws that stipulate that overdue credit cards constitute credit card fraud. Only the overdue credit card is a malicious overdraft, and the amount of malicious overdraft reaches more than 50 thousand yuan, can it be judged as credit card fraud.
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.
If everyone's credit card is overdue and sued by the bank, it is because the amount owed is large and they deliberately evade the bank's collection. If the credit card is overdue for more than 6 months, it is likely to be judged as a malicious overdraft of the credit card, which constitutes a crime of credit card fraud.
According to Article 196 of the Criminal Law, if the amount of credit card fraud is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
It can be seen that once everyone is convicted of credit card fraud, the consequences will be more serious.
In any case, it is best to repay the credit card in time after it is overdue, otherwise it may not only face criminal responsibility, but also affect your credit information. Although under normal circumstances, even if the credit card is sued by the bank within the time limit, it will not have much consequences. However, no matter whether they are sued by the bank or not, once everyone's credit card is overdue, it will have some adverse effects.
On the one hand, credit cards will face high penalty interest and liquidated damages after they are overdue. At present, the default interest of many banks is calculated according to the daily interest rate of 5/ 10000, and the penalty is charged according to 5% of the outstanding minimum repayment amount, so the longer the overdue period, the more the default interest and penalty will be.
On the other hand, after the credit card is overdue, everyone's credit report will leave a bad record. If the credit card has a record of overdue for more than three months in a row, then this situation is quite serious. Once there is such a record, it will have a great impact on the application for mortgage, car loan or other loans and credit cards at least in the last two years, and it will basically not be approved.
Another is that if everyone has a record of court execution, then dealing with financial institutions or business partners may be affected. For example, some lending institutions have made it clear that if there are court enforcement records in the last two years, they will basically not be imported.
Therefore, it is recommended that you do not easily have overdue credit cards. Penalty interest after the credit card is overdue is a trivial matter, but it is the big thing that affects your credit information. Although it may be nothing to you in your daily life, it is very important to you at a critical moment.
After identification, it was sent by the collection agency to scare you.
First, the police will accept the malicious overdraft of more than 50,000 credit cards.
Second, if the bank prompts a civil lawsuit, the court session time is written, why not write the people's court? Don't write down the office of the specific session?
Three, if it is a criminal case, the criminal suspect and the defendant may not be tried in absentia. Article 18 1 of the Supreme People's Court's Interpretation on Several Issues Concerning Execution stipulates that: during the trial, if the defendant ... escapes and the case cannot be tried for a long time, the people's court shall make a ruling to suspend the trial.
Four, the court summons, a copy of the complaint can not be retained for service, because the defendant needs to sign the service receipt. This is common sense.
This short message mixes civil litigation and criminal cases, and the expression is incoherent, but its real purpose is to let you deal with the arrears as soon as possible. The so-called XX lawyer is just urging the dog to collect the bill.
To sum up: if the real case has reached the court, the judge of the court will contact you and get a summons, which will state: the cause of action, the information of the original defendant, the time and place of the court session, the judge's name, office phone number, etc.
How serious is the problem that the bank sued overdraft card through the court for not paying back the money? Account holders who use credit cards can be divided into three categories: old revolution, small white and hardcore.
Speaking of these three kinds of credit cards, the old revolution and the ashes are not worried about overdraft, only Xiaobai will worry about what to do after investing.
Regarding prosecution, it has reached more than 50,000; Below 50 thousand, it is a telephone interview collection;
No matter how much it costs, it will be charged when it expires. I have been communicating with you without paying back the money. If the amount is large, the accumulated interest will be high and the credit rating will drop to the point where it can't be lowered. It is conceivable that the situation is so bad that you can only survive after the bankruptcy proceedings are over; No house, no car, no daughter-in-law and no children, you can still join the Beggars' Sect. If you don't return it, go to the detention center at any time. You have enough detention time and have been detained again and again.
The most serious is judged as malicious overdraft and credit card fraud. This is going to jail. Generally speaking, it is civil liability. Just pay back the money If you don't pay back the money and refuse to carry it out, you may be detained.
If you don't use a credit card, you are not a cardholder, and you don't spend money. You just use your mobile phone. It doesn't matter, but as a friend, you should remind your colleagues to take time to deal with it. It's natural to pay back debts, and you can't run away.
If the credit card is overdue, you will be sued.
Generally speaking, overdue credit cards are first reminded of bank information and collected by telephone.
If it is overdue for more than three months, many banks will outsource these overdue credit card information to a three-party collection company, and the three-party collection company will let cardholders submit it by SMS bombing or telephone bombing. To put it bluntly, it is annoying you.
Generally speaking, they are all kind words, but if they can't do it, they will start to insult and threaten, send all kinds of lawyer letters, come to the door, threaten to sue, and so on. In fact, all three parties have no right to sue, because they are only collecting money, not debtors.
If the collection still fails, these questions will still be fed back to the bank, which is an excellent opportunity to negotiate with the bank. If the cardholder does not take the initiative to negotiate with the customer, the bank may actually sue.
There are many such cases now, and the period of bank prosecution is very long, at least more than half a year. Of course, there are also many cases that have not been prosecuted for one or two years, depending on the specific situation.
Because your picture blocks the key information and contact phone number, it is impossible to confirm the authenticity of the information you received, but this is easy to handle. You can call the corresponding court directly to find out whether the lawsuit has really been filed. Enquiry telephone number 12368.
For this kind of case, you don't have to think about the verdict, you must have lost. Once the case is decided, the original defendant will not prosecute, and the judgment will take effect on 15.
After the judgment comes into effect, it will be handed over to the executive court of the court for execution, and the relevant personnel of the court will try their best to contact the cardholder, that is, the debtor, and demand to settle the arrears within the scope stipulated in the judgment.
Generally speaking, if you have no money to pay back, you will check your bank account, assets, etc. If there is nothing, the court actually has no other way. The next step is to refuse to execute the court's judgment, sentence or detention.
In fact, for many people, they really don't have the money to pay back the bank, instead of trying to get rid of the debt. For credit card debt, you should find a way to pay it back.
I found that more and more credit cards were overdue. Overdraft credit cards have gradually evolved from the early generation of young people buying luxury goods beyond their consumption capacity to middle-aged and young people using credit cards to buy cars in installments and other bulk products, and then unable to pay, leading banks to sue in court. There are two main effects of overdue credit cards! Let me explain to you in detail my work experience in the front line of the court executive board:
When handling your credit card, the bank has made a comprehensive and detailed understanding of your personal natural situation, contact information, home address and financial situation, and you signed and fingerprinted it yourself. This means that it is completely impossible when you try to refuse the court summons and notice of proof, avoid the trial and pretend not to know.
Every contract you apply for a credit card is a standard contract drafted by the top legal team in China. It can be said that the tricks you want to play have long been anticipated by them, and all the punishment measures such as the penalty interest that makes you scared have been written down.
Compared with disputes between individuals, disputes between banks and you have several characteristics: quick filing, quick trial and quick judgment. Because each bank has its own experienced legal team and risk control team, they are good at collecting and displaying evidence and playing games.
The overdue amount of credit card is small, which belongs to the money that the bank collection team must recover, and there is no room for discussion. Unlike financial loan contracts, banks can be greatly interest-free and make concessions on the repayment period.
Key points: Overdrawing more than 50,000 yuan is at risk of being investigated for criminal responsibility. If the overdraft is less than 50,000 yuan, there is a risk of civil detention and fines.
Measures: (1) If the overdraft exceeds 50,000 yuan, hurry to raise funds and repay them to the credit card. Don't wait for the customer service manager of the bank to show you the way and give you a solution.
(two) take the initiative to declare property to the court. The property declaration form (with property report order) issued by the court mainly fills in the column of bank deposit. If the deposit exceeds 1000 yuan, the bank where the account is opened and the bank balance. The movable property column mainly includes the license plate number, car brand, purchase period, mortgage registration, etc. The model under your name; In the real estate column, you should mainly fill in your own house certificate number, location address, area, mortgage, lease, etc. Be sure to fill it out truthfully, otherwise it is a false report of property, failure to report property within the time limit, and refusal to report property.
(3) Actively negotiate and mobilize the bank to withdraw the application for compulsory execution. After the bank applies for enforcement of the case, if it can't be fulfilled at one time, it can write a repayment plan in writing and fulfill part of it in advance. Otherwise, as time goes on, you will become more and more passive, waiting to be included in the list of untrustworthy, fined and detained.
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Never scare yourself. The subject thinks too much, such a small thing. Come to a conclusion first, the consequences are not serious at all.
The subject mainly raised two questions and gave two authoritative answers respectively. One is the consequences of banks going to court to sue for vicious overdraft? One is as a credit card emergency contact, what is the impact?
1. Banks can't go to court to sue for vicious overdraft of credit cards. Why? Because of civil economic disputes, banks can directly go to court to bring a lawsuit, but the object of the lawsuit is only to pay back the money and pay the penalty interest. If you want to sue for vicious overdraft, this is a criminal case, and he must report it to the public security bureau. This kind of filing is very difficult. As long as the credit card debtor has no malicious subjective purpose, the bank will not win if it wants to sue.
What is the malicious subjective purpose? For example, the card will be overdrawn in full as soon as it is completed, and there are also behaviors of avoiding communication and losing contact. For example, after a large overdraft, as well as property transfer and so on. This is not composed of one plot, and multiple plots must be linked together to determine that it is a vicious overdraft. At the same time, the overdraft limit should reach a certain level. Even if there is a malicious overdraft 1 10,000 to 20,000, the Public Security Bureau will not file a case.
If the credit card is not repaid, the bank will sue, and then actively respond to the lawsuit, even without a lawyer. Generally speaking, the court will organize various mediation activities before and during the court session. As long as the attitude is good, the court will face it positively and will not evade it. Generally, it does not have to wait for the judgment, and the court will also help the debtor reach a better settlement plan.
There is no shame in owing money. You should pay back the money. If you can't afford it, beg for mercy and pay it back slowly by stages. So as long as you don't escape, there will be no serious consequences.
2. As for someone else handling a credit card, as an emergency contact, what will happen if the other party does not pay back the money? That makes no difference. You are just an emergency contact, and you are not responsible for guaranteeing repayment or informing him of repayment. In the legal sense, there is no responsibility. Therefore, if the bank continues to harass, it can complain to its superior bank or China Banking and Insurance Regulatory Commission.
Now it is a society ruled by law, and every action must be carried out under the circumstances permitted by law. According to the situation you described, it should be judged that the bank's third-party outsourcing is used to collect the company's threats. It is a means of collection, mainly to deepen the psychological pressure of borrowers and promote repayment. However, the settlement of arrears also needs to be carried out in accordance with the track of the rule of law, and that malicious and vicious collection must be resolutely countered.
What is the basis for the bank to issue cards to cardholders? Personal bank flow is the most important basis for personal credit of banks, isn't it? This is the nature of "wage loan". If this person loses his job, his salary stops, and his credit card is not paid back …, is this his "breaking his promise" or "being lazy"? There are also changes in the macroeconomic environment, such as the Trump trade war, such as the epidemic and so on. As a result, banks have turned "wage loans" into "untrustworthy people" with unlimited personal responsibilities. "Lao Lai" has no legal basis, and economic disputes are linked to the rule of morality, which is opposed by world human rights. Although banks widely use the privilege of large numbers and the bad means of collecting loan companies, this does not increase the basis for convicting most credit card defaulters. The evidence to prove "innocence" is in the hands of banks, that is, banks. The only effective way is to communicate with the cardholder in time to delay repayment … and then delay repayment … and repay indefinitely, because it is the fault of the lending bank itself, and it is the right way to tide over the difficulties with the cardholder, and we should not try to transfer the responsibility and risk to the majority of cardholders.
Unless it involves the crime of credit fraud, it is no different from ordinary civil disputes. If the bank brings a lawsuit to the court for repayment, the bank will also regard this as a civil dispute. The severity of civil disputes varies from person to person. Once the case comes into effect and enters the execution procedure, the court will punish the person who has been executed, put him on the list of people who have lost their trust, and limit high consumption. The influence and function of this disciplinary measure is not easy to determine. We often see that some people who are executed are indifferent to such disciplinary measures.
As for the crime of credit card fraud, the new regulation is now more than 50 thousand yuan. In addition, the judicial interpretation clearly pointed out that the purpose of illegal possession should be based not only on the cardholder's failure to repay the loan as required, but also on the cardholder's credit history, repayment ability and willingness, the application and overdraft of credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for failure to repay the loan as required. But in any case, credit card fraud is a crime expressly stipulated by law, and it is not uncommon for malicious overdraft of credit cards to be investigated for criminal responsibility. Therefore, everyone should still use funds according to their income and financial situation, especially credit cards or other online loans. After all, when these payments are overdue, there are often all kinds of violent or soft violence collection methods, which also have an impact on their lives and work.
This is also believed to be obviously a routine of third-party collection agencies. They send such messages just to scare you and ask you to pay back the money as soon as possible.
First of all, if you bring a lawsuit to the court, the court will call you to get a summons, which will specify the specific time of the court session, the host court and the place of the court session, such as the People's First Court.
Secondly, do you think it is possible to tell you the verdict before the trial? What kind of imprisonment, fines and so on.
Third, about credit card fraud, it's not that simple at all. The so-called credit card fraud, for the purpose of illegal possession, maliciously overdraws, and still does not repay after collection. Have you met all three conditions?
Obviously, it is impossible to be satisfied.
Will you still be worried after this explanation? Many people are afraid mainly because of two things:
Finally, remind those who owe money, don't get into debt easily, and learn more legal knowledge so as not to be led by the nose.
This question is obviously ignorant. According to the current criminal law, if the cardholder maliciously overdraws, and the overdraft amount reaches more than 50,000, and he still fails to repay after being collected by the bank for more than two times, he has been suspected of illegal possession and credit card fraud, which has violated the criminal law. Banks can directly report to the public security organs for filing, and the public security organs will file a case for investigation according to criminal cases.
If the overdraft amount is less than 50,000, which can't meet the standard of criminal filing, the bank will sue the people's court with jurisdiction for recovery according to civil cases.
However, according to the screenshot of the text message attached by the subject, this is obviously a fake case.
The reasons are as follows: If it does not meet the criteria for filing a criminal case, the people's court will issue a notice of responding to the case to the parties after accepting the bank lawsuit and making a decision on filing a case. If the address of the party concerned is unknown or the notice of responding to the lawsuit cannot be served for other reasons, the court will publish an announcement in newspapers or television according to law. If the party fails to respond to the lawsuit within the time limit, it shall be deemed to have been served. On the day of the court session, if a party fails to appear in court to defend, it shall be deemed as giving up the right of defense, and the court may make a ruling by default according to law.
Screenshot SMS said that the court sued for a while, and then said that credit card fraud was filed by the public security organs, and even moved out of the criminal law, completely unaware. The two are completely different. The way of court prosecution shows that the overdraft amount can't meet the standard of criminal filing, and it can only be identified as an ordinary economic dispute of creditor's rights and debts, which belongs to civil affairs. If the overdraft amount reaches the standard of criminal filing, the public security organ shall file a case directly according to the criminal case and investigate the criminal responsibility.