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Is the civil judgment on a loan ten years ago still valid?

1. Are the civil judgments on loans made ten years ago still valid?

Ten years ago, I was unable to repay the bank loan. If I want to repay it now, the interest will be calculated according to the method of overdue loan.

However, for bank loans ten years ago, the bank has already dealt with bad debts. You can negotiate with the bank and ask the bank to make interest concessions, or find someone to first purchase the creditor's rights of the bank's bad debts (it should be based on the principal) discount), and then the bank loan will be completely eliminated.

1. As long as the money is owed, the bank may be liable, which is decided by the bank;

2. If the amount owed reaches more than 10,000 and the card-issuing bank has approved the payment twice If the overdraft is still not returned more than 3 months after collection, it shall be deemed as a "malicious overdraft" under the criminal law and suspected of credit card crime;

3. The amount of malicious overdraft is relatively large and the entire overdraft has been repaid before the public security organ files the case. Information, if the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law

4. Legal basis: Article 196 of the "Criminal Law" Credit card crime. The crime involves one of the following circumstances: conducting credit card activities, the amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than ten years, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years or more, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated:

(1) Using counterfeit goods Credit card;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

"Interpretation of the Supreme People's and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and If the card is not returned for more than three months after being called upon twice by the issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and evade after overdraft Bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the people's judgment is pronounced, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

2. If you haven’t repaid a bank loan for 10 years, do you still have rights?

If you owe money for more than 3 years, you can’t. The statute of limitations for requesting the people for protection of civil rights is three years. Year. This time is calculated from the final repayment time stipulated in the debt contract, that is, it can be within 3 years from the agreed repayment date.

Legal basis: Article 188 of the "People's Republic of China and Civil Code" provides that the statute of limitations for petitioning the people for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail. The statute of limitations shall be calculated from the date when the right holder knows or should know that the right has been damaged and the obligor knows. If the law provides otherwise, such provisions shall prevail. However, if more than 20 years have passed since the date when the rights were damaged, the people will not provide protection. If there are special circumstances, the people may decide to extend the time based on the application of the right holder. Article 194 During the last six months of the statute of limitations, if the right to claim cannot be exercised due to the following obstacles, the statute of limitations shall be suspended: (1) Force majeure; (2) Persons without capacity for civil conduct or with limited capacity for civil conduct. The person has no legal representative, or the legal representative dies, loses his capacity for civil conduct, or loses the right of agency; (3) The heir or estate administrator is not determined after the inheritance begins; (4) The right holder is controlled by the obligor or other persons; (5) ) Other obstacles that prevent the rights holder from exercising the right to claim. The statute of limitations period expires six months after the reason for suspending the statute of limitations is eliminated.

3. Can the loan still be used if it is overdue for ten years? There is no mortgage and no extension contract has been signed

Hello, it depends on the contract. Generally, the statute of limitations is two years.

4. I have not repaid my loan to a credit union for 10 years. Will they freeze my bank card now? The salary is a credit union card

If the loan is not repaid overdue, if the court enforces it, the property may be frozen