1. There is no clear stipulation on how much overdue credit cards will be prosecuted. As long as it is overdue, it may be prosecuted;
2. If the overdraft amount is more than 1 10,000 yuan, and the card issuing bank fails to return it for more than 3 months, it constitutes the crime of credit card fraud and will be investigated for criminal responsibility.
What should I do if my credit card is sued for overdue?
If the credit card is sued for overdue, you should take the initiative to contact the bank to see if you can mediate privately. If the bank agrees, it should draw lots as soon as possible to pay off the arrears; If the cardholder is really in financial difficulties, he can communicate with the bank to postpone repayment; Usually, banks just want to recover the arrears as soon as possible, and they don't really want to take the cardholders to court. Therefore, it is generally possible for cardholders to ensure that they can repay as agreed before taking action. If the cardholder does not take any action, it may be considered as a malicious overdraft. Malicious overdraft 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 after being urged by the issuing bank.
How many days is the credit card overdue at the meeting:
Generally speaking, credit cards overdue for 3 days will be collected at the meeting. Most banks have tolerance service, usually 2 to 3 days. In other words, users are allowed to complete the repayment within 2 to 3 days after the final repayment period, and this situation will not be reported.
It should be noted that if the credit card is overdue, it will affect many needs such as loans and loans in the future. Therefore, the debtor is advised to pay off the debt as soon as possible. If he doesn't have that much money at the moment, he can call the Bank of Communications for installment.
Can I still use my credit card for overdue repayment?
According to the time and severity of overdue, generally overdue for more than three months will be blacklisted, and one day's overdue fee and interest will be added.
1. If you are usually negligent in repayment, you must repay as soon as possible, preferably in full, after you find that it is overdue. Then call the bank's credit card center to declare that there is no malice. If the past record is good and the overdue time is short, if the repayment is found to be good after the overdue, it may not be recorded in the bad record. Don't be careless in the future. Be sure to pay attention to the bank's bill notice and collection information to avoid overdue.
2. Some people don't often use credit cards. The credit card is overdue, and they intend to completely ignore the credit card and neither repay nor cancel it. In fact, this practice is very wrong. If you don't pay it back all the time, it will be overdue once a month, which means that you will be recorded with a bad credit record once a month. And if you don't repay for many months in a row, you will be sued by the bank and sentenced to malicious arrears, your credit record will get worse and the amount of arrears will get bigger and bigger. In serious cases, you will be fined.
Credit card overdue, or liability for breach of contract. Generally, if it is not paid back for more than three months, the civil liability of the parties can be investigated, so that it can be solved through litigation. As long as the court gives the verdict, the debtor needs to fulfill the repayment obligation. Those who refuse to pay can be punished according to the crime of refusing to execute the judgment or ruling.
Legal basis:
Criminal law of the people's Republic of China
Article 195 Whoever commits fraud by letter of credit under any of the following circumstances 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 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:
(1) Using forged or altered letters of credit or accompanying documents and documents;
(2) Using an invalid letter of credit;
(3) defrauding a letter of credit;
(4) fraudulent activities of letters of credit by other means.