The whole process from reporting an overdue credit card case to filing

If a credit card is overdue for three months and is still not repaid after two reminders from the bank, the bank will ++ the person involved. The general credit card debt ++ process is as follows:

1. First, after the bank has repeatedly called for payment, if the party still fails to repay, the bank will file a civil lawsuit against ++;

2 , If the simplified procedure is applicable to civil cases, it will be three months, and the ordinary procedure will be six months.

3. If the party concerned still refuses to return the property after civil adjudication. The case may be transferred to the public security organs for investigation and formally established as a criminal case.

4. After the investigation by the public security organ was completed, the case was transferred to the procuratorate for public prosecution, accusing the party of malicious overdraft, which constitutes a credit card crime.

Legal Basis

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China The crime of credit card ++ is one of the following circumstances: carrying out credit card ++ activities, the amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than ten years, or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence may be not less than five years but not more than ten years, and also A fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than ten years ++++ or ++++, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or Confiscated property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (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. ++Crime++ Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

If the credit card is overdue, will the bank report the case and arrest the person? What is the basis for this?

Whether an overdue loan will lead to arrest actually depends on the cardholder’s overdue loan status. Generally speaking, it will not be as serious as going to jail. It will just be forced to repay the loan and freeze the card holder. A person's assets can only be sentenced to jail if the circumstances are serious. Starting from the time when the borrower's loan is overdue, financial institutions generally will not immediately alert the person to arrest the person. The financial institution can only file a lawsuit. Whether it is necessary to arrest the person depends on the conclusion. In other words, only Only after the verdict is implemented can the police cooperate with the people to arrest people.

After everyone uses a credit card, they form a credit card application contract with the financial institution. Both parties are equal administrative subjects. When the card user's credit card expires, it is a violation of the contract between the two parties. stipulates that it constitutes a breach of contract debt.

In this case, the financial institution has the right to require the card user to repay the loan immediately. Therefore, after the credit card is overdue, the first thing you will face is a reminder from the bank's account manager, which may be a text message notification. It may be a mobile phone collection. If the loan is still not repaid after normal communication, the bank will ask the collection department to carry out collection, which may be a reminder letter or a ++ to ++ stipulation ruling.

No matter what method is used, the solution to the problem at this age is to use civil litigation and rescue to collect debts. Of course, it is not ruled out that some banks will outsource their liability business, and external debt collection companies may use debt collection methods. At this time, the card user can immediately alert the police, rather than the financial institution.

In the collection process, whether it is sending information or mailing a reminder letter, the bank will generally require the card user to repay the loan immediately. If the repayment is still not done, what kind of responsibilities will the card user face? Many will also add the possibility of being sentenced to several years in prison.

This is actually an early warning and reminder, and what they write is not necessarily accurate. Many of them are reminders, and some are even vague warnings. The purpose is to urge card users to use the card as soon as possible. To repay the loan, card users must not take everything the financial institution says to heart.

Will the public security bureau file a case if a bank reports an overdue credit card?

Legal analysis: Generally, the public security bureau will not file a case for an overdue credit card, only if the amount involved is relatively large and the person cannot be contacted. Next, the police will only file a case when the bank calls the police. After a credit card case is filed for investigation, the bank or the public security bureau will usually send a formal notification via email. If you repay the money in time, you'll be fine. If you don't repay the money and you disappear, the Public Security Bureau will find him.

However, there are now many so-called text messages that are under investigation, and a large part of these are ++ text messages. Everyone should also think clearly about whether it is true based on their own circumstances to avoid being deceived. If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the money after being called by the card-issuing bank, it may constitute a credit card crime. If there are criminal facts or a criminal suspect is discovered, the public security organs shall file a case for investigation according to their jurisdiction.

Legal basis: Article 109 of the "Criminal Procedure Law of the People's Republic of China" When the public security organ or the People's Procuratorate discovers criminal facts or criminal suspects, they shall file a case for investigation according to their jurisdiction.

Article 196 of the "Criminal Law of the People's Republic of China" falls under any of the following circumstances and conducts credit card++ activities, and the amount is relatively large, he shall be sentenced to not more than five years++++ or Criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence is not less than five years but not more than 10 years++++, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; the amount Those who are particularly serious or have other particularly serious circumstances shall be sentenced to not less than ten years ++++ or ++++, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have their property confiscated: (1) Using a forged credit card, or using Using false identity certificates to fraudulently obtain credit cards; (2) Using invalid credit cards; (3) Pretending to use other people’s credit cards; (4) Malicious overdrafts. 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. ++Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

I owe about 500,000 yuan to 8 credit cards, and now China Merchants Bank calls me to report it. What should I do?

If your credit card is overdue, call 02112363 to complain, and China Merchants Bank will help you with the installment within a few days

You owe about 500,000 yuan to 8 credit cards, and now you are being called by China Merchants Bank to report the case. What should I do?

Xiao Chunchun also had a similar experience. Let me share my views. I hope it can help you.

Under what circumstances will the bank report the crime

Usually reporting the crime is to report the crime to the public security organs and request the public security organs to arrest the person and recover the stolen goods. Only when certain conditions are met will the public security organs open a case. The conditions for filing a case here are that the principal is more than 50,000, and if the bank has not paid it back for three months after two effective collections, the public security agency will file a case for investigation only if it qualifies as a malicious overdraft. Therefore, the questioner can analyze it according to his own situation. The bank's credit card center will also collect relevant evidence and materials before reporting a crime, and only those who meet the standards will choose to report the crime. In addition to reporting cases to the public security organs, banks may file lawsuits against people who do not meet the standards for criminal filing and recover arrears through civil channels.

What to do if the bank reports a crime

First of all, you must confirm the authenticity of the bank report. At present, a common tactic used by debt collectors is to claim to report the crime, in order to achieve the purpose of repaying the debtor out of fear of being arrested by the public security organs. Don’t panic when encountering this situation, do the following in an orderly manner.

The first is to negotiate sincerely with the collection staff and express your willingness to repay. If you are unable to repay due to financial difficulties, you must also explain it and try to negotiate repayment.

The second is to call the bank’s customer service number, also to express your willingness to repay and the actual difficulties, and try to negotiate repayment with the bank. Under normal circumstances, banks will not agree easily, but they have to do it. At the same time, record the phone calls to collect evidence for yourself that the overdraft is not malicious.

The third is to verify whether the bank has reported the case. You can find out from the bank or the public security bureau. Under normal circumstances, if there is no notification from the public security organ, any notification from other channels can be regarded as false.

Don’t worry, we won’t report the case for the time being. It’s just an external debt collection company threatening you. This kind of thing happened to my colleagues, and I answered the call later to help her deal with it. I clearly remember that the other party's attitude was extremely bad. I couldn't communicate with them at all at first. After talking for a few minutes, they made me angry. After I informed the other party that the conversation had been recorded, the attitude on the other end of the phone calmed down.

The general process is that the relevant personnel of the bank will gently inquire and remind you by phone if you have overdue repayment. If you continue to overdue repayment, the bank will entrust a debt collection company to conduct phone harassment based on the evaluation standards. If you continue to fail to repay, you will be After receiving a summons from ++, there will be a court hearing and out-of-court settlement. When the situation continues to deteriorate, the bank will apply for ++ enforcement!

When you receive another call to communicate with the other party, if the other party has a tough tone, you can even tell the other party to pay attention to their attitude and speech style! If there is a verbal threat, you can clearly inform the other party that you have recorded the call. After leaving evidence of the verbal threat, you can even report the other party for being involved in gangs?

Of course, please remember that the other party is calling. For reminders, the topic of your communication is to negotiate with each other on repayment matters and your repayment plan, that's all!

Finally, I would like to advise you. After all, it is still your fault that you owe money. No matter how bad the other party's attitude is, you cannot change the outcome of non-repayment. Generally, the time between the phone notification and the receipt of the subpoena is not too long. Please be mentally prepared for a lawsuit and being enforced by ++.

That’s it for the introduction to bank reports for overdue credit cards.