Chatting with a friend two days ago, I learned that his credit card was overdue. Since the overdue, these two months have not eaten well and slept well, and are tired of dealing with frequent calls to collection.
He had two overdue credit cards. The principal of an overdraft is nearly 50,000, the principal of an overdraft plus the consumer loan in the APP is more than 50,000, and there is a single house under his name. Now, he is facing a legal reminder, saying that he has maliciously cashed out and if he cannot provide a consumption invoice, he must report the case. At the same time, he fears his only home will be auctioned off by the courts.
Debtors who have experienced legal urging know that they are much more "fierce" than other collections!
In fact, most of the legal urging is a third-party cos, if I say that the urging is advanced, it is easy to make the debtor's heart fearful, no one refutes it, right?
So, how do I answer a friend's question? I'll share it with you today, I hope it helps you!
First: the law urges you to cash out maliciously, asks you to provide invoices, and reports the case!
The card issuer is well aware of the cardholder's behavior, at this time the law urges you to ask you, you can ask him: If my purchase is malicious cash-out, why did not trigger the risk control in the first place? No derating or even card blocking?
Also, how can a person keep an invoice for every purchase? Retain the invoice you reimburse me? When I first applied for the card, I didn't see the customer service of the card issuer inform me of this matter. At the same time, when I first applied for a credit card, I didn't see you remind me to keep the invoice for future verification.
Remember, if you do violate Article 196 of the Criminal Code, "malicious overdraft". Absolutely no legal counsel will tell you, you are waiting for a summons from the detective. Therefore, this is just a magic trick.
Second: There is a family house under his name
If you are sued by the card issuer to the court, go to the step of enforcing it, it is possible to be judicially auctioned off the house. Because there have been cases where the debtor has been listed as a dishonest executor and the only house auctioned by the court. Of course, taking into account the debtor's living needs, the court will pay the debtor tens of thousands of yuan from the auction money for daily necessities.
But the first time you do it, it generally won't touch your house. Whether it will be frozen or auctioned depends on how the judge who executes it will consider it.
Thirdly: the various communications received
If you receive a letter of warning for criminal proceedings, a warning letter for the seizure of property, a letter of warning for untrustworthiness, a pre-litigation notice, and so on, all of them have no legal effect, but only make you pay attention to this matter. It is difficult to collect, just think of these brain-filling terms, it costs a lot of brain cells, right? If you are not afraid, then they will give in vain.
Fourth: The overdue principal of 47,000 will not constitute a criminal case
No, the "malicious overdraft" that constitutes "malicious overdraft" is not just about looking at your overdue principal. It is also necessary to integrate the use of your overdraft funds, the performance after the overdraft, the willingness to repay, the reasons for non-repayment, and so on.
Fifth: If the principal of IB exceeds 50,000 in installments, it will not constitute a case filing standard
No, the "50,000" in the criminal law refers to the fixed limit of your credit card; it does not include the temporary amount, the installment limit, the consumer loan in the app, interest, compound interest, and liquidated damages!
The most important point: if you want to negotiate personalized staging, don't negotiate with the law. You don't get any good news from the mouth of the Fa. Call customer service directly to request and ask her to transfer to the negotiation department. Don't know how to negotiate, you can consult me!