1. If the credit card cannot be used by others, the credit card holder shall bear the repayment responsibility.
2. If there is evidence that the other party consumed the money, you can sue the other party in court to make the other party repay the money. If there is no evidence, you can only bear the responsibility for repayment and refuse to repay. If the amount is large, you may be suspected of credit card fraud.
What is the process of credit card debt litigation?
1. If a bank files a civil lawsuit in court, the court should decide whether to accept it within 7 days from the date of receiving the litigation materials.
2. If the amount you owe reaches 10,000 yuan and you still fail to repay it more than 3 months after two collections by the bank, it will constitute a crime of credit card fraud and you should bear criminal liability. After the public security organ files a case for investigation, it usually takes about four months before the procuratorate files a public prosecution in the court.
What should I do if my credit card repayment is overdue?
1. Continue to use it
After it is overdue, the best way is to continue to use this card and use the new one normally. The repayment record will cover the original negative record. Generally, a new credit record will be generated after 24 months, so that personal credit, etc. will not be affected after the record is refreshed.
If you are overdue for a long time, your credit card will earn compound interest and there will be high late payment fees. If you run away, the bank will think that you have maliciously overdrafted and will call the police.
2. Apply for delayed repayment
If you are unable to repay on time due to unemployment or illness, before the final repayment deadline arrives, state your financial situation and declare that you do not owe money maliciously. , you can apply for delayed repayment and interest discounts.
3. Timely repayment in full
If you forget to repay due to usual carelessness, you must repay in full as soon as possible after discovering that it is overdue, preferably in full, because the full amount is After repaying the amount, you have the best chance of winning by calling the bank to explain that the debt is not malicious and requesting that the overdue record be eliminated.
Legal basis:
"Criminal Law of the People's Republic of China"
Article 196 The crime of credit card fraud involves one of the following circumstances: Whoever commits credit card fraud and 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 10 years. , and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation. :
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an invalid credit card;
< p>(3) Pretending to use other people’s credit cards;(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.
Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.