If a mentally ill person owes a credit card, he or she can request his guardian or legal representative to repay it on his behalf. A mentally ill person is actually a person without capacity for civil conduct or a person with limited capacity for civil conduct. He or she does not have full capacity for civil conduct. At this time, if he owes money to others, his guardian and legal representative need to bear responsibility.

1. How to deal with credit card debts owed by mentally ill patients? Mental patients are persons with limited capacity for civil conduct. According to the provisions of the Civil Code, if a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the responsibility. civil liability. In other words, even if the cardholder is really mentally ill, if the cardholder has a relevant guardian, the bank can file a lawsuit in court and require the cardholder's guardian to repay the card within the scope of property management. Of course, if the amount owed by the cardholder to the bank credit card exceeds the property managed by the guardian, the guardian can refuse to repay the amount owed in excess of the property managed. If a property-owning person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, compensation shall be paid from his/her property. There is no ability to identify at all, but as long as the cardholder has personal property, the bank can also file a lawsuit in court and ask the court to deal with the cardholder's property to repay the credit card bill owed to the bank. And usually, if the cardholder becomes mentally ill and there is a balance in the bank card account, the balance will be deducted from the bank card account first. If the cardholder has no balance in the bank card account or the balance is not enough to deduct, the bank will file a complaint with the court. Apply to auction the cardholder's relevant properties, such as real estate, cars, securities, etc., and use the proceeds from the auction to repay the bank's credit card debt.

2. Will credit card debt constitute a crime? If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return it for more than 3 months after being called upon twice by the card-issuing bank. , should be determined as "malicious overdraft" stipulated in Article 196 of the "Criminal Law". Any of the following circumstances shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) A large amount of overdraft, knowing that one has no ability to repay, cannot be repaid; 2) Wanton squandering of overdraft funds that cannot be returned; (3) Escape after overdraft, change contact information, and evade bank collection; (4) Escape and transfer funds, hide property, and evade repayment; (5) Use overdrafts Using funds to carry out illegal and criminal activities; (6) Other behaviors of illegally possessing funds and refusing to return them. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the "Criminal Law"; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as "a relatively large amount". It is a "huge amount" as stipulated in Article 196 of the "Criminal Law"; if the amount is more than 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the "Criminal Law". The amount of a malicious overdraft refers to the amount that the cardholder refuses to return under specified conditions or the amount that has not yet been returned. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. Malicious overdrafts should be investigated for criminal liability, but if all the overdrafts and interests have been repaid after the public security organ files the case and before the people's court pronounces its judgment, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. Under normal circumstances, credit card debts are only civil disputes and will not involve criminal disputes. However, if the perpetrator uses the credit card with the purpose of illegal possession with malicious overdraft, and the amount of malicious overdraft is relatively large, it can be determined For criminal cases, if a mentally ill person violates a criminal case, he or she will generally be judged not to be criminally responsible.