How serious is the problem of banks suing overdraft cards in court for not paying back money?

Being sued by the bank for credit card debt is not serious. What is serious is that your credit card is overdue and you are found guilty of credit card fraud. It is not scary to be sued by the bank after your credit card is overdue. You just need to actively respond to the lawsuit.

Nowadays, there are many people with overdue credit cards. According to statistics from the Central Bank, as of the end of 2018, the amount of credit cards overdue for more than 6 months in my country has reached 78.8 billion. Including the six-month payment, there will be even more overdue people.

However, for small overdue amounts, banks will basically not sue you to the court because the gain outweighs the losses. Generally, the overdue amount exceeds 10,000 yuan and the overdue time exceeds 6 months. The bank Only then can we take everyone to court.

But even if the bank sues you to the court, you don’t have to worry too much. After all, credit card debts are civil disputes, not criminal liabilities. The final judgment of civil disputes is basically compensation. After the bank sues you to the court, if you do not have sufficient reasons to defend, the court will eventually order you to repay the bank's credit card debt according to regulations. Once the court's judgment takes effect, as long as you follow the provisions of the court's judgment, , which basically won’t have too serious consequences. Once the court judgment is issued, everyone must actively implement it in accordance with the provisions of the judgment, otherwise they may also face the risk of imprisonment.

As we mentioned before, when the bank sued the court, the matter was not very serious after the court made a decision. However, in real life, many people did not follow the court's decision after it came down. implement. They may even deliberately avoid repayment liability by deliberately evading court investigation, hiding their own assets, or maliciously transferring assets. If there is such vicious behavior, the court may sentence the parties to jail for refusing to execute judgments or rulings.

According to Article 313 of the Criminal Law, whoever refuses to execute the judgment or ruling of the People's Court despite being able to do so, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; in special circumstances If serious, the offender 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 if your credit card is overdue and is found guilty of credit card fraud will you be sentenced to jail.

Many friends may directly link being sued by a bank for an overdue credit card to the crime of credit card fraud. But in fact, an overdue credit card does not constitute a crime of credit card fraud. Under normal circumstances, most people's overdue credit cards are sued by the bank, and it does not constitute a crime of credit card fraud.

It is stipulated by law that an overdue credit card constitutes the crime of credit card fraud. Only if an overdue credit card is a malicious overdraft, and the malicious overdraft amount reaches more than 50,000 yuan, can it be judged as a crime of credit card fraud.

The so-called malicious credit card overdraft refers to the cardholder’s overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it after two calls for more than 3 months. Behavior.

If your credit card is overdue and you are sued by the bank to the court because the amount of debt owed is relatively large and you deliberately avoid the bank’s collection, and you have not paid back the credit card for more than 6 months overdue, you are very likely to be charged. It was determined that the malicious overdraft on the credit card constituted the crime of credit card fraud.

According to Article 196 of the Criminal Law, whoever commits the crime of credit card fraud with a relatively large amount 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 If the circumstances are serious, 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, he shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 10 years, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation may be imposed.

It can be seen that once everyone is convicted of credit card fraud, the consequences will be serious. No matter what, it is best to repay your credit card in time after it is overdue, otherwise you may not only face criminal liability, but most importantly, it will affect your credit report.

Although under normal circumstances, even if your credit card is overdue and the bank sues you to court, there will not be much consequences.

But no matter whether you are sued by the bank or not, once your credit card becomes overdue, there will be some adverse effects.

On the one hand, overdue credit cards will face high penalty interest and liquidated damages. Currently, many banks’ penalty interest is calculated based on the daily interest rate of 5/10000, and liquidated damages are based on the minimum repayment amount. 5% of the partial payment is charged, so the longer the overdue period, the greater the penalty interest and liquidated damages.

On the other hand, after a credit card is overdue, bad records will be left on everyone’s credit report. If a credit card has overdue records for more than three consecutive months, then this situation is considered serious. Once there is such a Records, if you apply for a mortgage, car loan or other loan and credit card within at least the past two years, it will have a great impact and basically will not be approved.

Another thing is that if you have a court execution record, it may be affected whether you are dealing with financial institutions or business partners. For example, some lending institutions have made it clear that if there is a record of court enforcement in the past two years, they will basically not accept the loan.

Therefore, it is recommended that you do not overdue your credit card easily. The penalty interest after the credit card is overdue is a small matter, but the impact on your credit report is a big deal. Although credit reporting may not seem like a big deal in daily life, at critical moments, credit reporting plays a very important role for everyone.

After identification, this is sent by a collection agency to scare you.

1. Nowadays, the public security will only accept malicious credit card overdrafts exceeding 50,000 yuan.

2. If the bank reminds you of a civil lawsuit and the court date is already written, why not write it to the Civil Court? Don't specify which office the court will be held in?

3. If it is a criminal case, the criminal suspect or defendant cannot be tried in absentia. Paragraph 1 of Article 181 of the Supreme Court's "Interpretation on Several Issues Concerning Enforcement" stipulates: During the trial, the defendant escapes, making it impossible to continue the trial for a long period of time, the People's Court shall rule to suspend the trial. .

4. Copies of court summons and complaint cannot be served with a lien, because the defendant must sign a receipt of service. This is common sense.

5. This text message mixes civil litigation and criminal cases together, and the expression is incoherent, but its real purpose is to let you deal with the debt as soon as possible. The so-called XX lawyer is nothing more than a collection dog.

To sum up: If the case really goes to court, the court judge will contact you to get a subpoena. The subpoena will state: cause of action, original and defendant information, court session time, location, judge’s name, office phone number wait. How serious is the problem of banks suing banks for non-payment of overdraft cards through the courts?

There are three types of account holders who use credit cards: old revolutionaries, novices, and hardcore people.

When it comes to the three types of credit cards, old revolutionaries and hardcore people don’t worry about overdrafts. Only novices worry about what to do after investing.

Regarding prosecution, the price is over 50,000 yuan; below 50,000 yuan, it is a phone interview to collect debt;

No matter how much money it is, it will be collected after it is overdue, and you will not pay it back. If the amount is large and the repayment is not repaid for several years, the cumulative interest rate will be very high, and the credit rating will be reduced to the point where it can no longer be reduced. As you can imagine, the situation will be bad. You can survive until the bankruptcy process is over; if you have no house, no car, no wife and children, you can still join the beggar gang; if you refuse to pay back, you will go to the detention center at any time to wait for the penalty period, and the penalty period will be repeated over and over again.

The most serious thing is to be judged as malicious overdraft and credit card fraud. This will lead to jail time. Generally speaking, it is a civil liability. Just pay back the money. If you refuse to pay back the money, you may be detained.

If the credit card was not used by you, you are not the cardholder, and you did not spend any money, but just used your phone, it is fine, but as a friend, you should remind your colleagues to hurry up and deal with it. , it is natural to pay back debts, and you cannot escape by running away.

It takes a long time for an overdue credit card to reach the stage of prosecution.

Generally speaking, if a credit card is overdue, you will first be reminded by bank information and call for collection.

If it is overdue for more than three months, many banks will outsource the overdue credit card information to third-party collection companies. The third-party collection companies will bombard the cardholders with text messages, phone calls, etc. to make the cardholders submit. To put it bluntly, It just annoys you to death.

They usually try to persuade them with good words, but if that doesn’t work, they start to abuse and threaten them. They will send various lawyer letters, visit people’s homes, threaten to sue, etc. In fact, the three parties have no right to sue because they are only collecting money. They are not debtors.

If the collection still does not work, these problems will still be reported to the bank. This is an excellent time to negotiate with the bank. If the cardholder does not proactively negotiate with the customer, the bank may actually sue. .

There are many such cases now. The bank prosecution cycle is very long, at least more than half a year. Of course, there are also many cases that are overdue for one or two years and are not prosecuted. This depends on the specific situation.

Since your picture blocks key information and contact numbers, it is impossible to confirm the authenticity of the information you receive. However, this is easy to do. You can directly call the corresponding court to find out whether it is genuine. Has been sued. The inquiry phone number is 12368.

For this kind of case, there is no need to think about the outcome of the judgment. It will definitely be a defeat. Once the case is decided and neither the original defendant nor the defendant sues, the judgment will take effect in 15 days.

After the judgment takes effect, it will be handed over to the enforcement tribunal of the court for execution. The relevant personnel of the court will find a way to contact the cardholder, that is, the debtor, and request that the amount owed be settled within the provisions of the judgment. clear.

Usually if there is really no money to repay, then the bank account, assets, etc. will be checked. If there is really nothing, the court actually has no other way. The next step is to refuse to execute the court judgment. Sentencing or detention.

In fact, for many people, they really don’t have the money to repay the bank, rather than wanting to get rid of their debts. For credit card debt, it’s better to find a way to pay it off.

I have noticed that there are more and more overdue credit cards. Overdraft credit cards have evolved from the early days when the young generation exceeded their own consumption capacity to purchase luxury goods, and have gradually evolved into the use of credit cards by young and middle-aged people to purchase large-ticket products such as cars in installments. The inability to afford them has led to banks suing in court. Overdue credit cards have two main important effects! Based on my front-line work experience in the Court Enforcement Bureau, I will explain it in detail to those of you who need it:

When the bank applies for a credit card for you, it has already collected your personal information, contact information, home address, and financial situation. Made with a full detailed understanding and signed by your own hand and fingerprints. This means that when you try to refuse the court summons or the notice to produce evidence, avoid the court and then pretend that you don’t know, it is completely impossible.

Every contract you apply for a credit card is a format contract drafted by China’s top legal team. It can be said that they have already anticipated the tricks you want to play, and all have written punitive consequences. Measures, such as penalty rates that make you tremble.

Compared with disputes between individuals, the dispute between the bank and you has several characteristics: fast case filing, fast trial, and fast judgment. This is because each bank has its own experienced legal team and risk control team. They are good at collecting and presenting evidence, and they are also good at gaming.

The amount overdue on a credit card is smaller and therefore is something that the bank's collection team must collect and is non-negotiable. Different from financial loan contracts, banks can waive interest rates to a large extent and can also make concessions on the repayment period.

Key points: If you overdraft more than 50,000 yuan, you risk being held criminally liable. Overdrafts of less than 50,000 yuan risk civil detention and fines.

Here are some measures: (1) If you have an overdraft of more than 50,000 yuan, hurry up to raise funds and repay the money to a credit card. Don't wait foolishly for the bank customer service manager to give you guidance and solutions.

(2) Take the initiative to declare property to the court. In the property declaration form issued by the court (attached to the property report order), the bank deposit column mainly fills in the account opening bank and bank balance if the deposit exceeds one thousand yuan. The movable property column mainly fills in the license plate number of the model under your name, car brand, purchase year, and whether there is mortgage registration; the real estate column mainly fills in your house certificate number, address, area, whether there is a mortgage, lease, etc. Be sure to fill it out truthfully, otherwise it will be considered as false reporting of property, late reporting of property, or refusal to report property.

(3) Actively negotiate and mobilize banks to withdraw enforcement applications. After the bank applies for execution and registers the case, if you cannot fulfill it at once, you can write a repayment plan in writing and perform part of it in advance. Otherwise, as time goes by, you will become more and more passive, and you will be included in the default list, fined, and detained.

I work in the Court Enforcement Bureau. If you have any questions or problems, you can click to follow @法面面公, and just send me a private message in the background~

Your attention and forwarding are my creative work. Motivation for multiple works!

Don’t scare yourself. The questioner thinks too much, this is such a small thing. Come to the conclusion first, the consequences are not serious at all.

The questioner asked two main questions and gave two authoritative answers respectively. One is the consequences of the bank going to court to sue for malignant overdraft? One is as a credit card emergency contact. What is the impact?

1. Banks cannot go to court to sue credit card overdrafts. Why? Because of civil economic disputes, the bank can go directly to the court to file a lawsuit, but the subject of the lawsuit is only to pay back the money, penalty interest, etc. If he wants to sue for a vicious overdraft, this is a criminal case and he must report it to the Public Security Bureau. It is very difficult to file this kind of case. As long as the credit card debtor has no malicious subjective purpose, the bank will not win even if it wants to sue.

What is malicious subjective purpose? For example, as soon as the card is applied for, it is fully overdrawn, and there is also behavior of avoiding communication and losing contact. For example, after a large overdraft, property transfer, etc. This is not composed of one plot. Multiple plots need to be connected to determine a vicious overdraft. At the same time, the overdraft amount must reach a certain level. Even if it is a malignant overdraft of 10,000 to 20,000 yuan, the Public Security Bureau will not open a case.

If your credit card debt is still unpaid and the bank sues you, then actively respond to the lawsuit and you don’t even need to hire a lawyer. Generally speaking, the court will organize various mediation activities before and during the court session. As long as you have a good attitude, face it positively and do not evade, there is generally no need to wait for a judgment. The court will also help the debtor reach a better settlement plan.

There is no shame in owing money. Pay back the money when it is due, beg for mercy if you can’t, and pay back slowly in installments. So as long as you don't escape, there will be no serious consequences.

2. If someone else applies for a credit card and you are the emergency contact, what will be the consequences if the other person doesn’t pay back the money? Then it will have no impact. You are just an emergency contact person and are not responsible for guaranteeing repayment, nor are you responsible for notifying him of repayment. There is no liability in a legal sense. Therefore, if the bank continues to harass, you can complain to its superior bank or the China Banking and Insurance Regulatory Commission.

Now it is a legal society, and every behavior must be carried out within the scope of the law. According to the situation you described, it seems that the bank's third-party outsourced collection company is using it for intimidation. It is a means of collection, mainly to deepen the psychological pressure of the borrower and promote repayment. However, the settlement of debts also needs to be carried out in accordance with the rule of law, and malicious and vicious collection must be resolutely fought back.

What is the basis for banks to issue cards to cardholders? Personal bank statements are the most important basis for a bank’s personal credit, aren’t they? This is the nature of a "salary loan". If this person loses his job, his salary is suspended, and his credit card cannot be used..., does this mean he has "broken trust" or is a "bad guy"? There are also changes in the macroeconomic environment, such as Trump’s trade war, the epidemic, etc. Therefore, banks turn "salary loans" into "untrustworthy persons" with "unlimited liability" for individuals. "Lao Lai" has no legal basis. At the same time, the linkage between economic disputes and the ethics of human governance is opposed by the world's human rights, although banks generally use large numbers The dirty tricks used by privileges and loan collection companies... cannot provide more evidence for the "conviction" of the majority of credit card defaulters... The "innocent" evidence is in the hands of the bank, which is the bank's personal statement: you have given credit for your income in the past. Now I have no income and I am bankrupt. You know it through big data. The only effective way is to promptly communicate with the cardholder to postpone the repayment...and then postpone the repayment...and repay the loan indefinitely, because this is the lending bank's own fault, and the right way to overcome the difficulties is to work with the cardholder to overcome the difficulties. Don't push the responsibility and risk to the majority of cardholders.

Unless it involves credit fraud crimes, there is no difference from ordinary civil disputes. If the bank files a lawsuit in court to demand repayment, the bank will also treat this as a civil dispute to resolve. The severity of civil disputes varies from person to person.

Once the case takes effect and enters the execution process, the court will punish the person subject to execution, include him or her on the list of dishonest persons subject to execution and restrict high consumption. The impact and role of this disciplinary measure is difficult to determine. We also often see that some persons subject to execution do not care at all about such disciplinary measures.

As for the crime of credit card fraud, the new regulation is now more than 50,000 yuan. In addition, the judicial interpretation clearly points out that the purpose of illegal possession must not be determined solely based on the fact that the cardholder failed to repay as required, but should take into account the cardholder's credit record, repayment ability and willingness, and the status of applying for and overdrafting the credit card. , the purpose of the overdraft funds, the performance after the overdraft, the reasons for failure to repay as required, and other circumstances. But no matter what, credit card fraud is a crime clearly stipulated in the law, and it is not uncommon to be held criminally responsible for malicious overdraft of credit cards. Therefore, everyone still has to use funds according to their own income and financial situation, especially credit cards or other online loans. After all, when these payments are overdue, various violent or soft-violent collection methods often occur, which also affects the life and work of yourself and your relatives and friends.

This is also true. It is obviously a trick of a third-party collection agency. They send this kind of text messages just to scare you and make you pay back the money early.

First of all, if the lawsuit is filed in court, the court will call you to collect a summons. The summons will state the specific time of the court session, the host court and the location of the hearing, such as the First Civil Court.

Secondly, the verdict has been told to you before the court even started. Do you think it is possible? What kind of prison terms, fines, etc.?

Once again, when it comes to credit card fraud, it’s not that simple at all. The so-called credit card fraud involves illegal possession, malicious overdraft, and non-repayment after collection. Do you meet these three conditions?

Obviously it is impossible to satisfy.

After explaining this, will you still be worried? Many people are afraid mainly because of two points:

Finally, I would like to remind those who owe money but have not yet settled it, do not go into debt easily, and learn more legal knowledge, so that you will not be led by the nose by debt collection. .

This question is obviously based on ignorance of the law. According to the current criminal law, if a cardholder maliciously overdrafts, and the overdraft amount reaches more than 50,000, and fails to repay the money after being called by the bank for more than two times, he has been suspected of illegal possession and credit card fraud, and has violated the criminal law. Banks can directly report to the public security organs and file a case, and the public security organs will file and investigate according to criminal cases.

If the overdraft amount is less than RMB 50,000 and does not meet the standards for filing a criminal case, the bank will file a lawsuit with the people's court with jurisdiction to recover the overdraft as a civil case.

However, according to the screenshot of the text message attached to the question, this is obviously a false case.

The reasons are as follows. If the standards for filing a criminal case are not met and the people's court files a lawsuit to claim rights in a court with jurisdiction as a civil case, the People's Court will issue a response notice to the parties after accepting the lawsuit from the bank and making a decision to file the case. Notice. If the address of the party concerned is unclear or the notice of response cannot be delivered for other reasons, the court will publish a notice in a newspaper or on television in accordance with legal provisions. If the party fails to respond within the time limit, it will be deemed to have been served. On the day of trial, if the party concerned does not appear in court to defend, it will be deemed to have given up the right to defend, and the court may make a default ruling in accordance with the law.

The screenshots of the text messages sometimes say that the court will prosecute, and the next time they say that the public security organs have filed a case for credit card fraud, and even refer to the provisions of the criminal law, which is completely ignorant of the law. The two are completely different. The court's approach to prosecution shows that the overdraft amount does not meet the standards for criminal filing, and can only be treated as an ordinary economic dispute over creditor's rights and debts, which is civil. If the overdraft amount reaches the standard for filing a criminal case, the public security organs will directly file the case as a criminal case and pursue criminal liability.