Will Industrial Credit Card be prosecuted immediately if it is overdue for three months?

Industrial Bank was sued for three months overdue. Users can take the initiative to contact the bank to express their willingness to repay, and agree on the repayment amount and repayment period, so that Industrial Bank will withdraw the lawsuit. After all, the reason for suing is to make users pay back the money. As long as the user shows his reasons for paying back the money, there is no need to continue to sue. However, three months overdue has a great adverse impact on credit reporting, so users should settle their credit card debts as soon as possible to reduce the impact of bad records.

In the case of paying off the arrears, the overdue credit will be automatically cleared five years after the payment date. If there is overdue behavior and it has not been dealt with, then this bad record will always exist in the personal credit report. If the cardholder accidentally overdue, continue to use the credit card for two years, and good credit will cover the previous one.

Personal credit record reflects personal credit, and it is also the audit condition for many banks to need loans now. Normal credit records will not affect individuals, but overdue will reduce personal credit. If there is overdue behavior and it has not been dealt with, then this bad record will always exist in the personal credit report.

Credit information can restrain the behavior of enterprises and individuals from the system, which is conducive to the formation of a good social credit environment. China has advocated the virtue of honesty and trustworthiness since ancient times, and promoted the formation of the concept of honesty through moral criticism. Honesty is a kind of social morality and a basic principle of communication with people.

When the lender or credit card holder changes important information, it is necessary to update the bank information in time. Take credit cards as an example. If the cardholder's billing address and mobile phone number change, go to the bank to modify the address and mobile phone number, you can receive the credit card confirmation letter and statement on time, and you can also receive the bank reminder message in time to ensure the security of the account. If the credit card holder does not have enough funds to repay all the bills and does not want to affect his credit history, he can contact the bank in time and choose to return the minimum repayment amount or handle the installment repayment. If Industrial Bank is sued by the bank within the time limit, it shall pay off as soon as possible. If there is no repayment ability, it can be repaid in installments after mediation by the court. Otherwise, it will be enforced and enter the list of untrustworthy people. If it is not returned in bad faith, it will constitute a criminal offence. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Legal basis:

Article 3 13 of the Criminal Code of People's Republic of China (PRC).

Refusing to execute a judgment or ruling that the people's court has the ability to execute, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 236 of the Civil Procedure Law of People's Republic of China (PRC).

A legally effective civil judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.

Article 243

If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained. When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.

Article 244

If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.

Article 3 13 of the Criminal Code of People's Republic of China (PRC).

Refusing to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 1 of "Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Disbelief"

If the person subjected to execution has the ability to perform and fails to perform the obligations specified in the effective legal documents, and under any of the following circumstances, the people's court shall include him in the list of people subjected to execution for breach of trust and impose credit punishment on him according to law:

(1) Obstructing or resisting execution by forging evidence, violence or threats;

(2) evading execution by means of false litigation, false arbitration or concealing or transferring property;

(3) Violating the property reporting system;

(4) Violating the order of restricting high consumption;

(five) the person subjected to execution refuses to perform the execution settlement agreement without justifiable reasons;

(six) other people who have the ability to perform and refuse to perform the obligations specified in the effective legal documents.

Article 3 of the Provisions of the Supreme People's Court on Restricting the High Consumption of the Executed Person.

The following high consumption and unnecessary consumption behaviors are not allowed:

(a) when taking the means of transportation, choose the second class or above of the plane, train soft sleeper and ship;

(two) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;

(three) the purchase of real estate or new construction, expansion, high-grade decoration of housing;

(four) leasing high-grade office buildings, hotels, apartments and other places to work;

(5) Purchasing non-essential vehicles;

(6) tourism and vacation;

(seven) children attending private schools with high fees;

(8) Paying high premiums to purchase insurance wealth management products;

(9) Non-essential consumption behaviors such as taking all seats of G-prefix EMU trains and first-class and above seats of other EMU trains.