Because the amount owed is not particularly high, and litigation takes a lot of time and energy, there is no need for banks to file a lawsuit against small debts. However, the bank will collect the cardholder, and should continue to send text messages and call to remind the cardholder to repay as soon as possible. However, if the cardholder fails to repay the arrears within the time limit, the bank will not respond to repeated reminders or even contact anyone, resulting in more and more overdue penalty interest, which will eventually lead to more and more arrears, and the bank may still sue. After all, if the overdue time exceeds three months, the bank has the right to sue.
It is suggested that cardholders pay off their debts quickly, otherwise the delay will be too long and the amount to be repaid will only increase day by day. Bad information will also be left in the personal credit report, which will damage personal credit, and the credit card is likely to be frozen by the bank and cannot be used again. If you can't finish it at once, you can pay it back first. When the bank sees that the cardholder keeps repaying the money and can recover the money, it will naturally not sue.
Credit card overdue 5000 yuan is generally more than 3 months, and may be sued. Generally speaking, if the user's credit card is overdue and ignores the bank's collection information, the bank will sue the cardholder in the name of malicious overdue after it is overdue for more than 3 months. If you don't pay for more than three months, it will be very serious. If the loan bank collects the loan according to law, it will bring a lawsuit to the court according to the loan contract and guarantee contract (mortgage or pledge contract), and the court will take measures such as property preservation, including freezing the deposits in all bank accounts of the lender and loan guarantor and sealing up the pledged property. After the judgment is made, the property will be enforced according to law (deducting deposits, auctioning collateral, etc.). ) to repay the bank's loan losses. Specifically, it includes: loan principal, loan interest, overdue interest, penalty interest, and all litigation costs arising therefrom, and related expenses incurred when disposing of pledged property.
Legal basis:
Criminal law of the people's Republic of China
Article 196 Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, 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:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph 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.