What are the legal consequences of overdue credit cards?
1, and high interest will be charged if it is overdue.
Users usually have an interest-free repayment period ranging from more than 20 days to more than 50 days after using credit cards to overdraw. If the cardholder fails to repay the overdraft in full during this interest-free repayment period, all the expenses of the cardholder last month will no longer enjoy the interest-free treatment of the bank, and the circulating daily interest rate is as high as five ten thousandths, that is, the annual interest rate reaches 18%.
2. There will be a credit card late fee.
3. Bad credit records will be generated.
4. Time and duration may lead to litigation costs.
If the cardholder fails to repay after 2 months of overdraft, the bank will call to remind the user to repay. If the repayment is not made, the bank will find a lawyer to send a lawyer's letter to the user. If the user overdraws 180 days and still refuses to repay, the bank will bring a lawsuit to the court, and the losing party will bear the litigation costs of the case. Generally, the bank wins the case and requires the user to repay, so this part of the cost will be borne by the user.
5. Malicious overdraft requires criminal responsibility.
How to judge credit card fraud
The perpetrator who constitutes the crime of fraudulently using another person's credit card must subjectively have the purpose of defrauding other people's property. This crime can only be constituted by intentional fraud subjectively and fraudulent use of other people's credit cards objectively. In practice, some credit card holders lend their cards to others, such as their relatives and friends. In the form of expression, users are also using other people's credit cards, but the user's fraudulent use of other people's credit cards is approved by the cardholder. Although this behavior violates the regulations on the use of credit cards, the user does not subjectively take possession of the cardholder's property for the purpose, so it does not have the essential characteristics of credit card fraud.
Distinguish between goodwill overdraft and malicious overdraft, and correctly identify the crime of credit card fraud by using credit cards for malicious overdraft. The essential difference between goodwill overdraft and malicious overdraft lies in the subjective and intentional differences of the actors. Although both of them objectively caused overdraft, the actor of the former used it first and then returned it, and then returned the overdraft and interest; The latter takes the overdraft as his own, and he doesn't want to pay it back at all or has no ability to pay it back. Therefore, in his behavior, he must try his best to avoid the dunning of the relevant departments, and even take the method of absconding to avoid debts.
legal ground
Criminal law of the people's Republic of China
Article 196 Whoever commits credit card fraud or theft under any of the following circumstances, if 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 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.