Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it 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.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
If you have any questions, please open cmbchina, the homepage of China Merchants Bank. Click "Online Customer Service" in the upper right corner to enter the consultation.
How long is the credit card overdue? Banks will try not to owe, which will affect their reputation. It has a great influence on later life.
Usually 2-3 months.
What should I do if I receive a letter from a dunning lawyer? Go to the bank and pay back the money. If it is paid off, things may be a little smaller.
What should I do if I use a credit card? If I use China Merchants Bank's credit card, please repay it in full and on time before the due date. First of all, overdue will produce bad credit records, which will affect your personal credit and future credit business, such as loans; Secondly, overdue repayment will generate interest and late fees; Finally, the Bank reserves the right to investigate if it is not likely to violate the criminal law for a long time.
The credit card owes the bank 65,438+00,000. What will happen if the dunning company makes a dunning? The quality of dunning companies is generally poor. Don't talk about phone harassment every day. I will also call my friends, family or company to make dunning calls, as well as on-site dunning!
I suggest you pay back the money early, so as not to bring unnecessary trouble to your family!
If there is not enough funds to repay in full on the due repayment date, then the cardholder can choose the minimum repayment amount of the credit card. In this way, the cardholder only needs to repay about 65,438+00% of the arrears on the bill each period (the minimum repayment amount includes a certain proportion of the accumulated outstanding principal of consumer transactions, the overdraft withdrawal amount, all expenses, interest, the amount of arrears exceeding the credit limit of the account, other arrears that the card issuer stipulates that the cardholder should repay and the sum of the unpaid part of the minimum repayment amount last month). When using the minimum repayment amount to repay the loan, the cardholder should bear the corresponding interest, but it can avoid paying high fees such as late payment fees, and at the same time avoid personal credit records being affected.
If the cardholder fails to repay in full after the due repayment date and does not choose the minimum repayment amount, he may face the following measures taken by the bank:
1. Consumers no longer enjoy interest-free repayment of their money. The issuing bank shall calculate the daily interest with the consumption amount as the principal from the date of consumption, with the daily interest rate of 0.5 ‰ and compound interest on a monthly basis; For the unpaid part of the minimum repayment amount, a late fee of 5% will be charged every month.
2. Receive the dunning phone and letter from the issuing bank.
3. The credit card account is frozen by the issuing bank, and the debt record may be fed back to the personal credit information system of the People's Bank of China, which will affect the cardholder's personal credit record and lead to the cardholder's failure to apply for a housing mortgage loan normally.
I owe China Merchants Bank a credit card of 6800! The bank is always calling for money! Will you go to jail? Usually not. The bank can sue the court and ask you to repay the money.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and fails to return it for more than three months after repeated reminders from the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;
(two) squandering overdraft funds, unable to return;
(3) Escaping after overdraft, changing contact information and avoiding bank collection;
(4) evading or transferring funds, concealing property or evading repayment;
(five) the use of overdraft funds for illegal and criminal activities;
(six) other acts of illegal possession of funds and refusal to return them.
Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
Malicious overdraft should be investigated for criminal responsibility. However, if all the overdraft interest has been repaid after the public security organ files the case but before the announcement of the judgment of the people's court, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
What if the credit card arrears are frozen for more than 7 thousand? Any other credit cards?
If not, I suggest you consult customer service immediately. Please note that freezing your credit card will affect your personal credit. Of course, the best way is to repay immediately! You can talk privately if you have any questions.
What if the credit card hasn't been paid back yet? Do whatever it takes to return it, or what are you going to do, be an ostrich? Your credit history will follow you for the rest of your life, unless you don't want to hang out. Apply for the quota with the repayment APP first. If you can cross-bank repayment, you can also postpone repayment for 30 days.
The credit card has not been returned yet. What should I do if I am afraid of being urged by the bank? Timely repayment, you can use the repayment APP to deal with emergencies, the maximum amount is 50,000, you can also repay in installments, and you can postpone repayment for one month.