What should I do if the credit card holder dies?

If you don’t have a loan, you can cancel it directly.

1. If the credit card user dies and the credit card debt is not due, you can go directly to the bank to cancel the account. According to bank regulations, after the death of the cardholder, small debts will be terminated and banks will generally no longer pursue claims. For large debts, the legal heir shall bear corresponding responsibilities within the scope of inheritance. The heir not only inherits the inheritance, but also inherits a large amount of outstanding debts. If the debt occurs after the death of the cardholder, we will not be held responsible. When the card-issuing bank receives repayment from the cardholder, it must repay the various outstanding balances on its credit card account in order.

2. After the death of the cardholder, if there is any debt on the credit card, the immediate family members shall be responsible for repaying it. If the cardholder had property during his lifetime, it shall be repaid by his property. If there is an inheritance, it shall be repaid by the cardholder. The heirs of the inheritance will return it. But there are a lot of details here:

1) If the cardholder dies due to an accident, such as a car accident, or a doctor's medical malpractice, etc. Then you may get a compensation payment. If the family cooperates, the bank may recover the arrears. If they do not cooperate, the bank may at most pay. If the debt is greater than the legal fees, it is possible. If the debt is less than 500, it is basically considered a bad debt.

2) If the cardholder had property during his lifetime, a sum of money may be kept at home, or may be stored in a bank other than the bank that issued the cardholder's credit card, then the bank has the principle of keeping depositors confidential. How does the collection agency define his property during his lifetime?

3) If the immediate family member does not have the capacity for civil conduct or the ability to repay the loan, the bank will look at whether there is any property or inheritance. If there is no property or inheritance, the bank will consider it a bad debt.

4) Identification of heritage. Apart from bank deposits, things are houses. First of all, private houses cannot be bought or sold. So, if the area of ??commercial housing is less than 65 square meters, if the bank arrives, the judgment will not be executed.

Based on the above reasons, if the cardholder dies, the bank can only collect the credit card debt as much as possible. If the debt cannot be collected, it will be considered a bad debt.

If the cardholder dies, will the credit card debt be deducted from the pension?

No need.

According to relevant legal provisions, after the death of a credit card holder, if there is an inheritance, the heirs of the estate will repay the credit card debt. If the debt exceeds the estate, the heirs are not required to repay. The death benefit does not belong to the inheritance, so there is no need to use the benefit to pay off the credit card debt.

From a legal perspective, funeral expenses are for the family, not for the deceased. The debts owed by the deceased shall be paid by the deceased. Of course, if the family members are willing to pay for him, they can still do so. Credit card debts can be paid off with his estate. Generally, all foreign debts, including credit card debts, are paid off with the property after his death, and the remainder is the inheritance, which is inherited by the heirs. If the heir inherits the inheritance but fails to repay the credit card balance, the bank has the right to demand it from the heir.

Pension The state provides preferential care in the form of living security to the recipients by distributing money, including disability pension and death pension.

Law of the People's Republic of China and the People's Republic of China on the Protection of the Status and Rights of Military Personnel

Article 45 The state and society respect the contributions of military personnel and military families to national defense and military construction and sacrifice, provide preferential treatment to servicemen and their families, provide pensions and preferential treatment to martyrs, servicemen who sacrificed their lives in the line of duty, and the bereaved families of servicemen who died of illness, and ensure the livelihood of disabled servicemen.

The state establishes a pension and preferential treatment guarantee system, reasonably determines the standards for pension and preferential treatment, and gradually improves the level of pension and preferential treatment.

Article 47 People's governments at all levels shall ensure that recipients of pensions and preferential treatment enjoy universal preferential treatment as citizens, and at the same time enjoy corresponding pensions and preferential treatment.

Article 48: The state implements a death benefit system for military personnel.

If a soldier is assessed as a martyr after his death, the state shall issue a martyr certificate to the martyr's surviving family members to ensure that the martyr's surviving family members enjoy the prescribed martyr commendation funds, pensions and other benefits.

If a soldier dies in the line of duty or dies of illness, the state will issue a certificate to his or her surviving family members to ensure that their surviving family members enjoy the prescribed pensions and other benefits.

Article 49: The state implements a disability pension system for military personnel.

If military personnel become disabled due to war, duty, or illness, their disability level will be assessed and certificates will be issued in accordance with relevant national regulations, and they will enjoy disability pensions and other benefits. Those who meet the prescribed conditions will be able to arrange work, support, and retire. Proper placement in other ways.

What should I do if the credit card is not paid back and the cardholder dies?

If the credit card is not paid back and the cardholder dies, the payment shall be repaid by the legal heir who inherits the estate, or by the spouse. If the legal heir does not inherit the inheritance, he does not need to repay the credit card debt. If the cardholder does not have a spouse or a legal heir to inherit the estate, the bank will not pursue the credit card debt from his relatives.

Bank regulations on death arrears are not comprehensive, and only some banks have relevant regulations on death arrears. Our country's "Succession Law of the People's Republic of China" and "Marriage Law of the People's Republic of China" have clear provisions on death arrears.

According to Article 33 of the "Succession Law of the People's Republic of China": The inheritance of the estate shall pay off the taxes and debts that the deceased should pay in accordance with the law. The actual value of the inheritance is limited. This does not apply to the amount that exceeds the actual value of the estate and is voluntarily repaid by the heirs. If the heir gives up the inheritance, he will not be liable for the taxes and debts that the deceased should pay according to law.

According to Article 19 of the "Marriage Law of the People's Republic of China": If a husband and wife agree that the property acquired during the marriage shall be owned by each other, the debts borne by either husband or wife shall be regarded as If the three parties are aware of the agreement, the payment shall be settled with the property owned by either husband or wife.

Since death debts involve many issues, cardholders should go to banks and law firms to consult specific matters.

I would like to ask what to do if the credit card holder dies and owes money

1. If the cardholder dies due to an accident, such as a car accident, medical accident, etc., the cardholder must You will receive a compensation payment. If the family members cooperate with the cardholder in repaying the card, the bank may take back the repayment. If the family members do not cooperate, the bank will recover the arrears. If the debt is greater than the legal fees, it is possible. If the debt is less than 500, it is basically considered a bad debt.

2. If the cardholder had property during his or her lifetime, a sum of money may be kept at home or in a bank other than the issuing bank of the cardholder's credit card. Immediate relatives can use this part to pay off the card debt.

3. If the immediate family member does not have the capacity for civil conduct or the ability to repay the loan, the bank will look at whether the card owner has property or inheritance. If there is no property or inheritance, the bank will consider it a bad debt.

4. Things other than bank deposits are houses. First of all, private houses cannot be bought or sold. Assuming it is a commercial house, if the area is less than 65 square meters, if the bank arrives, the judgment will not be executed.

5. The debt incurred by the overdraft credit card is the joint debt of the husband and wife and should be repaid by the joint property of the husband and wife. If the joint property of the husband and wife is insufficient to repay the debt, the cardholder shall have no other personal For property, the other spouse should still continue to repay.

The inheritance after the death of a citizen should be divided after the debts of the deceased have been paid off. If it is found after the division that the deceased has unpaid debts, the heirs should repay the relevant debts within the limit of inherited property.