Current location - Trademark Inquiry Complete Network - Overdue credit card - What should I do if the postal credit card is sued for overdue?
What should I do if the postal credit card is sued for overdue?
1. What should I do if the postal credit card is sued for overdue

1. If the postal credit card is sued for overdue, the following measures should be taken:

(1) Contact the bank as soon as possible to negotiate and handle the repayment in this way. If the party is sued for overdue credit card, it is a civil debt dispute. It is suggested that the party repay the arrears as soon as possible, so that the bank will not sue the party;

(2) The cardholder is a legal cardholder. If he embezzles or fraudulently uses another person's credit card, it constitutes the act of stealing or fraudulently using another person's credit card, but does not constitute a malicious overdraft;

(3) Subjectively, the cardholder is direct and intentional, and has the purpose of illegally occupying bank funds;

(4) The cardholder has objectively carried out malicious overdraft, causing economic losses to the issuing bank;

(5) the cardholder refuses to return the card after being urged by the issuing bank, and the amount is large or it takes a long time to reach the penalty.

2. Whoever commits credit card fraud according to Article 196 of the Criminal Law of the People's Republic of China, 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 2, yuan but not more than 2, 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 5, yuan but not more than 5, 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan or confiscated property.

2. Will you go to jail if your credit card is overdue?

If your credit card is overdue, it is generally a civil dispute and you won't go to jail. However, if the parties maliciously overdraw your credit card, it may constitute a crime of credit card fraud and you will go to jail.

1. Those who engage in credit card fraud, with a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan;

2. 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 5, yuan but not more than 5, yuan;

3. If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated.

the malicious overdraft 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.