Recently, I found that many netizens are worried about whether they will be sentenced if their credit card is overdue and they cannot pay it back. Some people on the Internet say that if their credit card is overdue for more than 50,000 yuan, they will be sentenced. In order to recover the debt as quickly as possible, some debt collectors will also scare cardholders, saying that they will go to jail if their credit card is overdue, causing some cardholders to panic and worry that they will go to jail if they do not pay. In order to clarify this issue, I carefully studied Article 196 of the Criminal Law "Credit Card Fraud" and the "Decision of the Supreme People's Court and the Supreme People's Procuratorate on Amendments", consulted some lawyers, and read some credit card fraud cases published online. A relatively accurate conclusion was obtained: Overdue credit cards are generally civil cases and will not bear criminal liability.
Overdue credit cards will only be held criminally responsible if the following conditions are met:
1. The overdue principal of a single credit card reaches more than 50,000.
2. The cardholder has the circumstances of "illegal possession".
3. It is overdue for more than 90 days and refuses to be returned after two or more effective collections from the bank.
According to relevant legal provisions, whether an overdue credit card will be held criminally responsible does not just depend on whether the overdue amount of a single credit card exceeds 50,000, but mainly depends on whether the cardholder has "the purpose of illegal possession" "The plot and performance. So how do courts generally determine whether the cardholder has the purpose of illegal possession? Let me summarize the main aspects as follows:
1. First of all, the bank and the court will check whether the identification and other materials submitted by the cardholder when applying for the card are authentic. Generally, if the cardholder applies to the bank himself For credit cards, the personal identification materials submitted are generally authentic, so there is no need to worry about this issue. However, some people apply for credit cards through intermediaries. The intermediaries may package and modify the cardholder's identity and provide false personal identity certification materials to the bank, so this issue should be worried.
2. Banks and courts will comprehensively examine the cardholder’s assets, liabilities, personal income, purpose of applying for the card, card usage and repayment records before applying for the card to comprehensively determine whether the cardholder is It has the purpose of "illegal possession". If the cardholder has been heavily in debt before applying for the card, has a low income, knows that he has no ability to repay, or even applies for the card just to cash out the credit card to pay off debts, squander, etc., after applying for the card, the amount will be large. If you cash out and use up the available limit very quickly, and there is no or very little record of full repayment afterwards, it can easily be determined to be a malicious overdraft with "the purpose of illegal possession", and you will be held criminally liable. On the contrary, if the cardholder has the ability to repay before applying for the card, uses the card normally for a period of time after applying for the card, and has a record of full repayment, the court will generally not find the cardholder to have "illegal possession for the purpose of possession". ".
3. The cardholder’s behavior after overdue payment, whether he or she is willing to repay, or whether he has avoided collection by escaping or deliberately changing his address or contact information. As long as the cardholder is willing to repay after the due date, does not evade or lose contact, and the bank can answer collection calls once or twice a month, this problem generally does not occur. Some cardholders respond by evading after the expiration date, changing their address and contact information, and not answering any collection calls. This is not advisable. If you do this, the bank will determine that you want to "illegal possession". Malicious overdraft to avoid debt. Therefore, if your credit card cannot be repaid, it is best to call the bank proactively, explain your situation, difficulties encountered, and express your willingness to repay. You do not need to answer more collection calls, and you cannot answer them all. Just answer them every month. One or two will do.
The reason why I talk about this is to eliminate the worries of some cardholders who really do not have the ability to repay. Since ancient times, "paying back debts is a matter of course." If you have the ability to repay your credit card debts, you must repay them. If you are temporarily unable to repay them, you should also find ways to broaden your sources of income and actively make money to repay your debts.
Just because you don’t have to bear criminal liability for an overdue credit card doesn’t mean you don’t want to repay it!
Moreover, if the credit card is overdue and not paid for a long time, the bank may eventually be sued by the bank. If the money is not paid back after the court judgment, the court will enforce it and freeze the personal property and the bank. Accounts such as credit card, Alipay, WeChat, etc. may even be included in the list of dishonest persons subject to enforcement by the court, restricting high consumption, etc., and the credit report will be black for life, and there will no longer be any way to obtain any loan from the bank. So it is better to work hard to make money and pay off the debt.