Why are some people's credit cards not prosecuted?

Sue is not the final way of bank credit card, but one of the optional ways. If you sue each bill for non-repayment, won't the court become the central court for bank credit cards? How many people in the bank are responsible for the post-loan prosecution?

After the credit card is overdue, the bank will first enter the overdue information of the borrower into the Credit Information Center of the People's Bank of China, which is already a very severe punishment. If the problem of arrears is not solved later, the bank will selectively prosecute according to different situations. So what types of credit cards are overdue and banks will not sue?

1. Banks have different standards for the amount owed, but generally developed areas will not prosecute within 50,000. In the general economic field, credit card arrears are generally not prosecuted within 30 thousand. In economically backward areas, credit card arrears are generally not prosecuted within 20 thousand. Prosecution will consume a lot of manpower and a certain cost, and the amount is so small that it is not a cost-effective choice for banks.

2. Keep in touch, and customers who are willing to communicate with each other will generally not sue. As long as it is not a lost customer, the bank credit card center can call the contact person, verbally willing to communicate and actively discuss the plan, and the bank will not choose to sue. Remember, keeping in touch doesn't mean you have the ability to repay. You can still negotiate with the credit card department slowly to negotiate the amount, method and time limit of repayment.

3. Although the arrears are overdue, there will still be a certain number of arrears users entering the credit card every month. This expresses a strong willingness to repay to the bank's credit card department, which will not sue such customers. For example, if you owe tens of thousands of dollars, but pay back the credit card100,200 yuan every month, if you can deduct a little money from the credit card every period, you will be recognized as a customer with repayment ability and intention in the system.

4. If the arrears are overdue for a short time, no matter how much, they will not be prosecuted within 6 months after the credit card is overdue. Because bank credit cards have their own workflow, the first three months are generally collected by banks, and the last three months are generally collected by outsourcing companies. Before deciding whether to prosecute according to different situations.

In fact, this problem will be solved sooner or later when the arrears are logged into PBOC's credit information list. Otherwise, it will have a huge impact on credit card holders. Banks know this well, so to some extent, they won't spend too much money to recover their debts quickly.

Remember, keep in touch with the bank and negotiate with the real staff of the bank. Never communicate with so-called bank outsourcing collectors or people who call themselves bank lawyers. That's useless for reaching the plan, because those outsourcing personnel don't have the authority to sign the plan, and only charge the full amount in the name of the bank personnel. You must have the ability to distinguish this point, and don't be deceived by fake phone calls, fake text messages, fake photos and fake lawyer letters.

After the credit card is overdue, the monthly bill will be compounded. Mr. Dede calculated that the overdue interest is about 18%, and the liquidated damages are about 6% annualized, which adds up to almost 24% annualized. Therefore, if the arrears are overdue for a long time, you must negotiate with the bank to see if you can exempt some interest and liquidated damages. Be sure to talk about it, otherwise the cost is beyond most people's reach.

At present, there are professional organizations willing to help credit card debtors solve such problems. The best solution may be to pay only the principal. If necessary, you can talk to Mr. Sindh in private.

On the issue of credit cards, I see two phenomena:

1. 1, more and more people can't afford their credit cards.

This phenomenon is not an individual phenomenon, but a common phenomenon caused by the continuous economic downturn.

1.2, the credit card cannot bear the consequences. It has been aggravated and demonized, which has increased the psychological burden of many bankrupts and increased social panic ... I know that the economic downturn has been severe in the past two years and the social suicide rate is very high. I think we should have a more positive attitude and a solution to the problem.

What should I do if I go bankrupt and can't pay my credit card?

Credit card is actually understood as a credit loan. What should I do if I can't afford the ordinary loan? Are you going to jail? The answer is no.

I can't afford the loan. What I want is to solve the problem through negotiation. For example, renew the loan, or pay it back in installments. It's really hard, the bank won't tolerate you for the time being! Can I drag you to be shot if you don't owe money? Speaking of low is an economic problem, not a criminal problem.

The best way to get through any financial crisis is to temporarily break the rigid payment-in layman's terms, if you can't afford it, you won't pay it for the time being. Don't rely on debt to support debt, because when the economic environment is bad, you don't have enough profitability to cover interest expenses.

On the crime of credit card fraud. Everyone uses it normally. Cards that cannot be repaid due to life changes or business failures are not considered fraud.

What is fraud?

The credit card was issued, and it was empty for the first time. If you don't return it, it's fraud. Summary is a new card. If it is maliciously brushed out, it is a fraud if it is not returned directly. If your card has been used normally for several years, it is not fraud.

As long as it is not subjectively and intentionally cashed out or not returned, it is not fraud in principle.

Belong to economic disputes, in principle, don't be so heavy psychological burden.

I often see the problem of non-repayment of credit cards. Many people are proud of their arrears and say, "Why should you pay back the money you borrowed based on your ability?" There are all kinds of tricks, how to cash out and how to maliciously overdraw. I am proud to say that I just don't pay it back. What can you do with me? Then many people attack the credit card as evil, but have you ever thought that the credit card itself is neutral, just like a knife, you can use it to hurt people and make food?

Therefore, I don't recognize the malicious arrears of credit cards, and I am proud of finding various ways to avoid repayment. I think it's natural to pay back debts. Although credit cards have interest, the interest rate is much lower than usury, which provides us with liquidity support when we need it. Whether it's for business or an emergency, how can it be evil?

Let's talk about the problem of non-return of credit cards first.

Every bank's credit card business is actually risk-controlled, not to say that cards are handled casually. Banks will issue cards according to users' qualifications, including auditing income, income stability, assets, etc., and give different quotas. Even if someone applies for a credit card in a bank, the amount is actually very low, and the starting amount may be several thousand yuan. Only long-term use and timely repayment will increase the quota.

Then this process is the process of collecting big data by banks. If you use it for three years in a row, and repay it on time every month, and it has never been overdue, it means that you are a reliable person, and the bank will continue to increase your quota. On the contrary, if you don't pay back the card as soon as it is issued, even if it takes advantage, the amount will not be too large.

It is inevitable that credit cards will be overdue, and even some people will never be able to repay them. For example, in business, the credit card limit keeps increasing, and then suddenly it is overdrawn to do business. As a result, business is very poor, bankruptcy, and there is definitely no money to pay back. In this case, the bank will negotiate with you. In view of your good reputation before, as long as you negotiate the repayment plan with the bank, he will certainly not sue you.

For some overdue small credit cards, the bank may not be able to contact anyone. If the prosecution, the consumption of human and financial resources is not as good as not to prosecute, banks will naturally not choose to prosecute. For this kind of overdue, the bank will hand it over to the collection team or outsource the collection, focusing on countless small overdue, improving efficiency and reducing costs, just like the collection of telecom calls owed when using landline in the past.

But don't think it's okay if you don't receive the money. If your credit card is overdue, it will be checked by the People's Bank of China at the meeting. If you haven't bought a house, mortgage to buy a house won't get a loan in the future. Maybe I didn't want to pay back hundreds or thousands of dollars, so I couldn't get the loan at that time. I cried every day because it didn't work.

However, for malicious overdraft, we should be especially careful. Judging from the characteristics of your industry, you owe money maliciously, and the amount is huge. Even if you can't contact, the bank will sue you. If it constitutes fraud, you will not only pay back the money, but also bear criminal responsibility. Therefore, to be a man, we should do our duty well and wear big underpants. Don't think you are the cleverest. Banks are fools, and in the end you are only fooling yourself.

I used my card 10 years, and the overdue time was as long as 7 years, and I was not prosecuted. I can sum up the following points. Why don't banks sue for overdue credit cards?

Tell me about my situation first! My credit card involves almost 10 banks, including the four major banks and commercial banks. Because the quotas of the four major banks are relatively low, they have been handled in the first two years, because the most is only over 4,000, and the least is only 1.500. Commercial banks have relatively high quotas, including China Everbright Bank, Guangzhou Bank, Minsheng Bank, China Merchants, Transportation, Guilin and so on. The total amount is about 6.5438+0.5 million, all overdue, the longest is seven years, and the shortest is more than four years, because there is still some time left after the debt broke out.

So many banks have been overdue for so many years, and a Guangzhou bank sued me. The reason for my lawsuit is very simple, because the bank's interest has gone up in a short time, and there is no way to go up. Negotiating with him to pay back the money halfway, his attitude was very bad, which often led me to quarrel with him and led him to sue me, but this time has been maintained for 4 years.

Although they sued, they didn't achieve what they wanted. The court did not decide the liquidated damages and high interest they applied for, and the court was fair. The court will not support the additional liquidated damages. In the end, they only got the principal, and I didn't even pay him the interest, so the credit card was cancelled.

Under normal circumstances, banks will not easily sue a person because they have their own cost budget. Let me sum up who is easy to be prosecuted.

1. When a customer wants to sue him, the collection department of the bank will take measures to sue him after a period of collection, but repeated collection has no expected effect, or the other party has been in an indifferent state, but knows that the other party has a fixed job, a fixed income, or the other party has property to execute, including the following situations.

(1), the cardholder has a fixed job.

2. Cardholders have a fixed social security payment and provident fund every month.

③ The monthly salary of the cardholder has a fixed tax record.

④ Cardholders have large deposits or insurance policies in other banks, including wealth management products.

⑤ If the cardholder has fixed property, the car is produced in the name of an individual.

These people will be sued by the bank, because the bank's prosecution of a person is carefully verified. If the prosecution party does not have any property and repayment ability, it is meaningless for the bank even if the prosecution is successful and the case is won. Even if the other party is included in the untrustworthy list, it is meaningless, because the bank's customers are not dozens, but a large number.

2. People with a large amount, that is, people whose credit card limit reaches more than 50,000 yuan, have neither answered the phone nor any repayment intention after the deadline, and are generally characterized as credit card fraud, and they should bear legal responsibility. Banks usually tell cardholders about this strong relationship after long-term collection.

3. Debugging the crowd in the bank, that is to say, after all the credit cards are swiped, they begin to expire, and they pay a few twenty or thirty dollars a month to provoke the rights of the bank in a teasing way. This kind of people will be regarded as junior prosecutors by banks, because banks will think they have the ability to repay, but they have not repaid. Such people are the easiest to be prosecuted.

Then why do some people fail to sue after the deadline?

(1), the overdue time is too short. For the bank, he still has the ability to recover, and it has not reached the stage of necessary prosecution.

(2), the amount is too small, the prosecution requires human and material costs, even if the prosecution is successful, it may not be able to get the money, because such a small sum of money can not be repaid, and it is more certain that the other party will have no money if it does not repay itself. You have to pay prosecution fees, attorney fees, execution fees and so on.

(3) suing is not the only way for banks, because after suing, you can't get a lot of corresponding expenses, but you can only get legal interest, which is high in cost and low in return. Its cost is low, the more money it gets, and the interest is increasing in the process. As long as you pay in a little bit casually every month, it will be regarded as interest, and the bank is also making a profit.

Therefore, owing a credit card doesn't mean that you won't be prosecuted, but it hasn't reached a certain level, and others haven't found out that you have property. Once you find that you have property, others will sue you, so it is best to negotiate with the bank to repay as much as possible before being sued.

This question is a bit interesting.

This is like asking why some people can eat ten steamed buns at a time, why some people can drink three bottles of 53-degree liquor without getting drunk, and why some people can become billionaires.

First of all, whether the credit card has been sued is a matter for the bank. There are so many credit cards issued by banks, and a large part of them are not returned. However, there are many reasons for not paying back, and banks also selectively carry out some prosecutions. If you don't sue every credit card, the bank doesn't have to do anything. It goes to court every day. Although the proportion of credit cards is still very low, because of the large circulation, the number of users who do not return credit cards is quite large, so that banks will not sue every user who does not return credit cards.

Some credit cards are temporarily suspended because of their good credit in the early stage, so the bank will definitely not sue immediately. We must observe.

Some credit cards don't pay back because of cash flow difficulties, but they are not broken. That is, they should have paid back 20,000 yuan a month, but they don't have that much money. They can only pay back 2,000 yuan a month and keep the repayment record. These banks will not sue.

There are also some credit cards that are not returned, which are not representative, the amount is not large, and the time is not long. The bank believes that they will pay it back in the future, so they don't sue.

Including some credit cards, because the time is relatively short, so the bank has patience, send a notice to let customers repay, until the bank can't bear it, it will sue.

Of course, it is also prudent for banks to sue credit card users. Most of them will be notified before prosecution. After all, every credit card is issued, and banks expect to make good use of it, so that banks can generate good profits. If you sue a credit card user, you can not sue if you don't. Maybe the customer will pay back the money on the same day, and then the interest and principal will be collected together. Customers will also become long-term users of credit cards.

Some credit cards are not returned, and sometimes customers forget to return them because the figures are not large. Then when the bank sorted out the credit card situation at a certain stage, it found that it had been in arrears for a long time and immediately sued.

Because credit cards are not returned, most of the people who are sued are users who owe money for a long time and are urged to return by banks. On the one hand, bank prosecution serves as a reminder, on the other hand, it also serves as an example. This part is a bit like bad debts. The bank also dates in the yard, one thick and one not thick.

In short, the sooner you pay back the credit card debt, the better. Some people think that the card has not been prosecuted for special reasons. You can't think that you don't have to pay it back just because others have had this experience. In the end, you will pay it back. If you don't want to pay back the money, it will affect your financial credit.

The principle of legal proceedings in China follows: whoever files a lawsuit will give evidence. It depends on how the bank sues, whether it is civil or criminal (there are two charges in criminal prosecution of credit card, 1 credit card fraud 2 malicious overdraft), and the bank should also provide evidence. But the reason why the bank sued is nothing more than asking you to pay back the money.

There are legal loopholes in credit card litigation. This is what many people owe their credit cards. It is obvious that their cards have expired for a long time. Why aren't they being prosecuted? That's the date of use. From the point of view of the use of credit cards, if the credit cards have not expired, the litigation power of financial institutions is very small, because debtors can ask for mediation on the grounds that the use agreement between the two parties has not expired, and the court does not interfere much.

In short, you can't run away from what you owe the bank. It's not that we haven't prosecuted, but that we haven't prosecuted yet.

In that case, will the bank sue? 1; According to the cardholder's money and the cardholder's overdue time, this is only a preliminary judgment. 2. According to the cardholder's attitude after the overdue period, whether there has been or has not been repayment after the overdue period, whether there is any deliberate evasion of collection and failure to answer the phone, and whether there is evidence of deliberate non-repayment to let the creditor institutions know. 3. Whether the credit card has expired, once the cardholder is sued, it should inform the court for further consultation. Because the bank is a big institution, it needs to provide a lot of evidence to sue the cardholder, which wastes manpower and material resources. Not because you will sue individually, but in batches.

Hello everyone! I am a "borrowing skill". As a bank employee and the author of "Playing with Credit Cards: That's How the Card God is Made", I mainly answer questions about bank credit cards, loans, deposits, insurance and financial management.

First of all, there are three points to be clear: 1. Not all cardholders with overdue credit cards will be sued by banks; 2. The bank has a border to sue the cardholder; It is skillful to avoid being sued by the bank. Now, let's come to Xiangxi to answer:

1. There is a set of regulations for banks to collect credit card arrears. Due to cost considerations, banks do not always use judicial recourse against credit card holders who are in arrears. Generally speaking, for overdue credit card holders, banks usually call the staff first to remind them of their accounts; After no effect, selectively ask for it; After the door-to-door dunning failed to achieve the expected purpose, they went to court to sue some cardholders who owed a large amount.

Second, which cardholders will be sued and what kind of cardholders will be sued by banks are determined by the amount of overdue debts, the overdue time and the behavior of cardholders.

First, cardholders with a large amount of overdue arrears (for example, more than 6,543,800 yuan) will be prosecuted; Second, cardholders with a small overdue amount but a long overdue time (such as more than 180 days); Third, the cardholder who does not cooperate with the bank's work, for example, the bank hangs him up, and he either does not answer the phone or has an extremely unfriendly attitude.

Third, ways to avoid being sued by the bank First, after the credit card is overdue, you should take the initiative to go to the bank or call the bank's credit card customer service to explain the situation and let the bank staff know about your situation. Second, for those who are overdue for a long time, they should pay hundreds of thousands every month as much as possible to show their willingness to repay. Third, when the bank's demand is very tight, take the initiative to negotiate the repayment plan with the bank and find ways to repay the "sincerity fund" (that is, the minimum repayment amount that needs to be paid in advance for installment repayment), so that the bank feels hopeful and needs not to sue successfully.

Friendly reminder: now the people's court stipulates that credit card holders should be investigated for criminal responsibility only if their overdue principal reaches more than 50 thousand.

Finally, please be happy with your card and your economic life will be better!

To tell the truth, banks don't want to sue those who don't pay back the money. Prosecution is only the last resort. To put it bluntly, prosecution is a means rather than an end.

Nowadays, it is very common for young people to use credit cards, but many young people have limited income, so sometimes credit cards are unable to repay after overdraft, and they are overdue.

For the case that the credit card is not returned, the bank will definitely collect it. However, different users may encounter different collection methods after they owe money on their credit cards. For example, some people may only receive SMS notifications and phone calls from banks, and some people may be sued by banks to the court.

Seeing this, it is estimated that many people are quite puzzled. They still owe money to the bank credit card. Why are some people sued to the court when they owe money, while others are fine?

To answer this question, we need to understand the basic idea of bank collection.

For banks, there are many credit card users, such as six state-owned banks and 12 joint-stock banks, with tens of millions or even hundreds of millions of users. Such a huge user group, even if only 1% is overdue, there are nearly 1 million.

In the face of such a huge user group, if banks sue the court after each user is overdue, it will definitely be unbearable for banks. On the one hand, banks don't have that much energy.

On the other hand, banks don't have that much money. After all, suing users is not a casual prosecution, but a legal fee and a legal fee. If the user still doesn't repay the loan after the bank sues, the bank will have to pay this part of the fee itself, which is a great potential risk for the bank.

After all, according to China's current laws and regulations, only users who maliciously overdraw their credit cards with an overdraft amount of more than 50,000 yuan may face criminal responsibility. This means that if the credit card's malicious overdraft balance is less than 50,000 yuan, even if the bank sues the user to the court, the user will not face the risk of imprisonment, and at most, he will be included in the list of people who have lost their trust.

Because of this, not all users are overdue, and banks will sue the court. Under normal circumstances, banks will not sue users who have a short overdue time or a small overdue amount.

In the process of credit card collection, banks generally follow the following procedures.

1. If the user's credit card is overdue for less than one month, the bank mainly reminds the user to pay back the money in time through SMS notification and system notification.

2. If the user's credit card is overdue between one month and three months, the bank will cooperate with SMS notification and telephone collection. If the overdue amount of the user is relatively large, the bank may also have special staff to collect it at home.

3. The overdue credit card of users is between three months and six months, which is quite serious for banks. At this time, in addition to the daily collection methods, banks may also entrust third-party collection companies to collect money, and these third-party collection companies may use various means in the collection process.

4. The user's credit card is overdue for more than 6 months, depending on the amount. Banks with different amounts of arrears take different measures.

If the overdue amount of the user is relatively small, such as less than 1000 yuan, then the bank will admit that it is unlucky, and then include the user's money in bad debts. If this bad debt exceeds one year, the bank can only write it off as a loss, but after the write-off, the user's arrears record still exists, and the bank may continue to collect users for a long time to come.

If the overdue amount of the user is relatively large, for example, the overdue amount exceeds 6,543,800 yuan, the bank may take the user to court. However, after the revision of the malicious overdraft limit of credit cards in China, many banks may sue users for overdue more than 50 thousand yuan.

With people's advanced consumption concept getting stronger and stronger, more and more people use credit; At the same time, banks have seen the huge interest temptation in the credit card market, and the threshold for issuing and reviewing credit cards is getting lower and lower, which leads to many people who still don't understand the nature of credit cards using them indiscriminately and can't correctly assess the risks. Finally, more and more people default on their credit cards.

At present, credit cards have accounted for a large proportion of the non-performing assets formed by banks. There are many reasons why people who have not returned their credit cards have not been prosecuted.

0 1 the first way for banks to treat people who don't return their credit cards is to settle them through negotiation.

Debt disputes arising from the use of credit belong to civil disputes. For civil disputes, it is one of the best ways to solve them through independent consultation.

Therefore, when the user's credit card defaults, the bank will first communicate with the phone for collection. This procedure is usually performed by customer service personnel.

Through negotiation, an agreement can be reached soon. Whether it is interest reduction or installment payment, as long as it is accepted by both parties in the end, it will soon enter the performance procedure, which can easily solve the trouble.

If negotiation still fails, most banks will choose to issue dunning letters for collection.

Credit card users are slow to fulfill their repayment obligations, and bank customer service collection is useless. Generally, the borrower information with such problems will be reported to the non-performing assets disposal department, and some banks will be handled by the legal compliance department.

These professionals engaged in legal services will make professional dunning letters. Of course, some banks will entrust lawyers to make lawyers' dunning letters, which are similar in nature.

A dunning letter will generally be sent to the contact address filled in when handling the card to prove that the cardholder can indeed receive the dunning notice.

After going through the above two procedures, the bank may not necessarily sue.

It is useless to take the above measures. The bank's non-performing assets disposal department will generally compile a form to sort out the credit card information that has problems in the past six months or a year. For banks, credit card default is just a small loan default, and loans from large enterprises are billions of defaults.

For a small number of credit card defaults, after a batch of account books, we will carefully evaluate whether it is worthwhile to recover the arrears through litigation. Generally, a small amount will not be prosecuted, which will eventually be enough to urge prosecution.

Therefore, a number of lists will be screened out for prosecution, and some worthless or difficult to get back will be directly packaged and sold to third-party debt collection companies for processing.

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This is why many people think that credit cards will not be returned for half a year or even a year, and they will not sue. All this is because banks are using other means to deal with it. When all these methods are useless, banks usually take litigation to recover valuable customers.

So if the credit card is not returned, it is not a lawsuit. It's just not the time yet. This debt cannot be evaded, and it will seriously affect personal credit information. For the current credit union, the adverse consequences will be more serious, and it is likely that it will be difficult to move in the future.