How to solve the problem after the Industrial Bank's credit card is sued for overdue?

After the Industrial Credit Card is sued for overdue filing, it will make a reasonable judgment based on the evidence provided by both parties.

If the credit card is overdue for more than three months, most banks will choose to solve it through court proceedings. At this time, they can also request the people's court to organize mediation between the two parties. If both parties can reach an agreement on the installment repayment, they can sign a conciliation statement and then settle the case through conciliation, which needs to be judged according to the evidence submitted by both parties.

First, late payment will affect personal credit. If a lender borrows money from a bank and fails to repay it within the time limit, his personal credit report will leave a bad credit record. It is very difficult to apply for credit cards and loans in the future, and most of them will be rejected, which will cause many troubles to personal production and life.

Second, the most direct consequence of non-repayment of credit loans is high penalty interest, and a certain penalty may be paid. Even the principal and interest add up to a lot of expenses, and the result of not repaying on time is to increase my economic pressure.

Third, in loans overdue, the lender will face all kinds of collection. Banks or financial institutions have their own collection systems. After the lender is overdue, the first-level collection will send a text message to urge the payment. If it is not returned for a long time, and the degree is serious, there will even be a collector to collect it in person. This overdue staff member should be prepared and try to pay off the money at the first time before solving it.

Fourth, if the loan is overdue for a long time and the amount is large, the lender may be sued by financial institutions. After the lawsuit is accepted, the assets of the lender may be sealed up after the court pronounced a sentence. This is a "repayment ruling" that the lender must implement, otherwise the court will seal up assets such as real estate under its name according to law and repay the arrears with the proceeds from the auction.

Fifth, if the circumstances are serious, you may go to jail. Under normal circumstances, such incidents as borrowing money and not paying it back are civil disputes and will not rise to the criminal level. However, if some lenders refuse to implement it and insist on not paying it back, if the circumstances are serious or bad, the court will also investigate the criminal responsibility of the borrower according to the circumstances, and even go to jail if the circumstances are serious.

1. What if the credit card is overdue for half a year and there is no money?

According to the law, after loans overdue, he can go directly to the bank for repayment. If loans overdue, he still needs to repay the penalty interest and liquidated damages after repaying the principal. When you find that your loan is overdue, you should first pay off the loan in time. If it is paid off within the grace period of repayment, it will generally not affect the personal credit record; After paying off all overdue debts, the borrower should take the initiative to communicate with the staff of the lending institution, explain the overdue situation and reasons, and indicate that the overdue is not malicious and request a lighter treatment; If the bad credit record cannot be deleted, the borrower needs to continue to use the credit loan and repay the arrears on time. Generally, after five years, personal credit can be automatically updated.

2. What are the constitutive elements of the crime of credit card fraud?

The constitutive elements of the crime of credit card fraud are as follows:

1, the object of infringement is the credit card management system and the ownership of public and private property;

2. Objectively speaking, it is the behavior of the actor to defraud public and private property by using credit cards through fictional facts or concealing the truth;

3. The subject is a general subject, and a natural person can be the subject of this crime;

4. Subjectively, it is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property.

3. What should I pay attention to when negotiating interest-free installment repayment?

1. When negotiating, we need to provide proof of special circumstances. For example, if we are unable to repay our debts because of hospitalization, we can provide hospitalization certificates, expense lists and other materials. If the debt cannot be repaid due to bankruptcy, you can also provide business certificates, bank running water and other materials. In short, let the bank see that we are really unable to repay our debts, not deliberately default.

2. In the negotiation process, you need to show a willingness to repay actively, and make a repayment schedule, so that the bank can see that you have not paid back, but not yet.

Pay attention to keep in touch with the bank at any time after the deadline. Never refuse to answer the bank's call, or jump ship and lose contact. This is not a proof of willingness to repay, which is not good for negotiating repayment.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 84 In the case that evidence may be lost or difficult to obtain later, the parties may apply to the people's court for evidence preservation in the course of litigation, and the people's court may also take preservation measures on its own initiative.

In case of emergency, the evidence may be lost or difficult to obtain later, the interested party may apply for evidence preservation to the place where the evidence is located, the domicile of the respondent or the people's court with jurisdiction before bringing a lawsuit or applying for arbitration.

Other evidence preservation procedures shall refer to the relevant provisions of Chapter IX of this Law.

Article 119 A prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.