No, according to the law, if the husband owes money, the other party sues the husband personally, and the other party applies for property preservation, the husband's bank card will be frozen, but generally the wife will not be frozen, because the wife is not the defendant in this case, and there is no evidence to prove that the husband and wife were in the same debt when the debt occurred.
Whether the bank card of the husband's debtor's wife will be frozen depends on the specific situation of the nature of the debt. One * * * is divided into two situations: first, if the debt is used for husband and wife to live together, the wife's bank card will not be frozen; Second, if the debt is used for the husband's unreasonable personal expenses, or it can be proved that the debt is the husband's personal debt, the wife's bank card will be frozen.
1. This debt is shared by husband and wife.
Husband and wife debt refers to the debt incurred to meet the needs of husband and wife, as well as the debt arising from the management, use of income and disposal of property. As the name implies, this part of the property is used by both husband and wife after marriage. Both husband and wife know the debt and are debtors. Therefore, it is necessary to freeze the wife's bank card in this case.
2. This debt does not belong to the same debt of husband and wife.
This debt is only used for her husband's unreasonable personal expenses. It belongs to the debt unrelated to life generated by the husband after marriage to satisfy his personal desires, or the debt unrelated to married life owed by the husband before marriage, so the wife did not use the money. In this case, the wife does not need to freeze the bank card.
What are the consequences of the loan?
1. Generally, loan contracts with high penalty interest will have default provisions and penalty interest clauses. If the borrower repays the loan on time, it only needs to repay the principal and interest normally. Once the borrower breaches the contract, the borrower needs to pay the corresponding liquidated damages or penalty interest according to the contract.
Second, attract litigation If the borrower does not pay back the money, the lending institution may bring a lawsuit to the court. If the borrower loses the case, he will not only face the auction of assets to pay off debts, but also bear legal fees, preservation fees, execution fees and attorney fees. If your house is not enough to repay the bank loan after the auction, the bank has the right to freeze your bank property. If the borrower refuses to repay the loan, it may be blacklisted. Generally, the person subjected to execution is blacklisted to restrict consumption.
Third, personal credit information is affected. Now many lending institutions are connected with the credit information system of the People's Bank of China, and the credit stain of borrowers' non-repayment will soon be uploaded to the credit information system of the central bank, so it will be very difficult to borrow through other lending institutions. The time of bad credit record is five years, and the bad credit record can only be eliminated if the loan is paid off within five years, which means that once the borrower fails to pay back the money, it will be difficult to borrow from the bank or apply for a credit card in the next five years.
What will happen if Chang Heng can't get a loan?
Heng Chang's loan will not have the following consequences:
1. generates high penalty interest. Heng Chang loans overdue starts to pay penalty interest one day, and the longer the overdue period, the more penalty interest.
Second, it affects credit reporting. Heng Chang loan has been connected to the central bank's credit information system, which will have a serious impact on users' personal credit information, and it will be hindered to handle mortgage, car loan and credit card (debit card) in the future.
Third, platform collection. At the early stage of overdue, the platform will call the user himself for dunning. With the extension of overdue time, the platform will contact the emergency contacts of users (including family, friends, colleagues, work units, etc.). ) inquire about the financial status of users, so as to recover overdue payments; If the money cannot be recovered through telephone collection, the platform may arrange staff to go to the user's hometown, work place and current address to collect the money.
Fourth, legal prosecution. If the user fails to repay the loan for more than 3 months, the platform has the right to sue the user to the court and apply for court enforcement to freeze the assets under the user name for repayment of overdue loans.
Excuse me, my husband's loan in the bank hasn't arrived yet. Does that affect his wife's ordinary deposit in the bank?
Husband's loan is overdue for a short time, which does not affect his wife's deposit in the bank. If the bank brings a lawsuit to the court and requires the husband and wife to bear the joint repayment obligation, the woman's bank account may be frozen. First of all, it depends on whether the husband and wife are debtors or guarantors. If the husband borrows money alone, it depends on whether the creditor will regard the spouse as the defendant. Under normal circumstances, the wife will be jointly and severally liable for bank loans. Secondly, it is necessary to judge whether the debt belongs to the same debt of husband and wife according to the actual situation. If the other party files a lawsuit, the part belonging to the joint property of the husband and wife may be executed.
According to China's laws, whether non-repayment of loans will affect credit information depends on three situations:
Situation 1:
If one of the husband and wife borrows money in the name of an individual, it is deemed that the husband and wife are in the same debt. However, if it is clearly stated in the loan contract that it is a personal debt or meets certain specific circumstances, the wife/husband will not be involved.
Situation 2:
If the husband and wife collude with a third party, fabricate or fabricate the loan behavior, the third party's claim will not be supported.
Situation 3:
If one of the husband and wife owes debts due to illegal and criminal acts such as gambling and drug abuse, the court will not support the borrower's claim.
To sum up, only legal and reasonable loans. Spouses will be jointly and severally liable. In addition, the bad credit of one spouse will also affect the wife/husband's application for a loan. Generally speaking, the loan is not enough, which may implicate the wife/husband.
Husband and wife debts include:
1. The property borrowed by one party before marriage has been converted into the joint property of husband and wife, and the debts arising from the purchase of these properties;
2. Debts owed by husband and wife for family life together;
3. Debts incurred by both husband and wife in business activities, or debts incurred by one party in business activities, and business income is used for family life or shared by both spouses;
4. The debts incurred by one or both spouses due to medical treatment and treatment of patients have legal obligations;
5. Debts incurred by raising children and supporting the elderly who have the obligation to support;
6. Debts arising from paying just and necessary social expenses.