What does it mean to file an investigation for overdue credit card?

Explain that the credit card is suspected of being a credit card and malicious overdraft. After the bank reports the case, the Public Security Bureau will file a case for investigation. If it is true, it will file a public prosecution with the procuratorate. Please pay off your credit card balance promptly. As soon as the cardholder's credit card is overdue, the bank will contact the public security organs to file a case. Public security organs usually open cases against credit cards when malicious overdrafts constitute credit card crimes. When a cardholder's overdue credit card debt is too large and the payment is overdue for a long time, and the bank cannot contact the cardholder, it will contact the public security organs to file a case. Article 196 of the Criminal Law: Malicious overdraft 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.

What does the whole process from reporting an overdue credit card to filing include?

The whole process from reporting an overdue credit card to filing 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 summary procedure is applicable to civil cases, the time limit is three months, and the ordinary procedure is six months; 3. After the civil ruling, if the parties still do not return it. The case may be transferred to the public security agency for investigation and formally established as a criminal case; 4. After the public security agency completes the investigation, the case will be transferred to the procuratorate for public prosecution, accusing the party of malicious overdraft behavior, which constitutes a credit card crime.

"Criminal Law of the People's Republic of China"

Article 196

Under one of the following circumstances, credit card activities involving a larger 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, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. fines of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:

(1) Using counterfeit credit cards , or using a credit card fraudulently obtained with false identification;

(2) Using an invalid 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. 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 bank reports an overdue credit card, does it report to the local public security bureau?

Hello, if the bank reports to the public security bureau because your credit card is overdue, in principle it will report to the local public security bureau. . However, overdue credit cards are economic and not suspected. Even if you call the police, they will not be accepted.

Generally, credit card criminal liability may be pursued if the principal is owed 5,000 yuan and is not repaid for more than 3 months. If the amount owed reaches more than 10,000 yuan and has not been repaid for more than 3 months after being called for twice by the issuer, it shall be deemed as a malicious overdraft according to the law and suspected of being a credit card. If the malicious overdraft amount is relatively large and the overdraft interest has been paid off 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. If the people fail to perform a people's judgment or ruling that has taken legal effect, they may be fined or detained depending on the seriousness of the case. Detention decisions made by the public security organs, detention decisions by the People's Procuratorate, and judicial detention decisions by the people are all executed by the public security organs. Generally speaking, the maximum period of detention in criminal proceedings is 14 days.

1. As a credit card holder, once you are unable to repay the loan on time due to unemployment, illness or other accidents, before the final repayment period, the cardholder is best to call the bank's credit card center to explain the financial situation. , declared to prove that he owed money without malicious intent, and applied for delayed repayment and interest discounts. In view of the cardholder's positive performance and good credit record in the past, banks will often agree to defer repayment and negotiate with the cardholder a mutually acceptable repayment plan, such as extension period, interest discount, monthly repayment amount, etc. In this way, if the bank proactively contacts the bank and agrees to defer the repayment, it will not be recorded as a bad record, but it should be noted that it is guaranteed to repay the loan as agreed in the future.

2. If you neglect to repay the loan, you must repay it as soon as possible, preferably in full. Then call the bank's credit card center to report non-malicious debts. If the previous record is good, the overdue period is short, and the overdue repayment is found to be in good condition, it may not be recorded as a bad record. Don't be careless in the future.

Be sure to pay attention to your bank's bill notifications and collection information to avoid overdue payments.

3. To sum up, the consequences of overdue credit cards are quite serious. If the amount is large and the payment is overdue for a long time, it may violate the law or even constitute a crime, constituting a credit card crime. In this way, the public security organs can first detain the person concerned for 15 to 37 days. After investigation, it was found that the amount of credit card debt was large, and the procuratorate will initiate prosecution.

What is the procedure for registering an overdue credit card?

If the credit card is overdue for three months or the credit card is still not repaid after two reminders from the bank, the bank will take action. 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;

2. If the civil case The applicable simplified procedure is three months and the ordinary procedure is 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 constituted a credit card crime.

Article 196 of my country's "Criminal Law" and relevant judicial interpretations stipulate that for the purpose of illegal possession, a credit card holder exceeds the prescribed limit or overdrafts within the prescribed period, and the card-issuing bank still fails to pay after collection. The act of returning the money is a malicious overdraft. If the amount is more than 10,000 yuan, it constitutes a credit card crime.

In summary, when using credit cards to consume, you must consume rationally and do not use your own credit. If the circumstances of malicious overdraft are serious, it may constitute a crime.

Extended information

Within one month overdue, the bank will usually notify you by text message or phone call, otherwise it will affect your personal credit report. When it is overdue for more than three months, collection efforts will be made The method will make you repay the loan, but it will also have a greater impact on your daily life. The bank will probably go to court through procedures, and then you will have to face the bank.

After the credit card is overdue, when the bank reports the case, it means that the bank has been completely disappointed with you, otherwise it will not easily accept the card holder. The so-called filing of a case means that the public security and judicial organs accept the bank report and investigate the case. , mainly to verify whether the case is true.

Shenyang People's Government - Case Filing Process and Standards

Generally, how long does it take from reporting to filing to arresting an overdue credit card

Overdue credit cards have been collected twice If you don't repay, or if you don't repay after 3 months of overdue collection, the bank will, and once a case is filed, the police will come to arrest you soon. And those who refuse to repay a huge overdue amount will constitute a credit card crime and will definitely be jailed. Therefore, if your credit card is seriously overdue and a case is filed by the Public Security Bureau, there will generally be a three-day investigation period. After the investigation is verified, the police will be sent to arrest the person.

Legal Basis

According to Article 10 of the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing the Management of Credit Cards": If the amount of malicious overdraft is relatively large, it must be returned in full before prosecution or Those with other minor circumstances may not be exempted from criminal punishment; those who have returned all the property before the first instance judgment or have other minor circumstances may be exempted from criminal punishment. However, this does not apply to those who have been penalized more than twice on credit cards.

Will the public security bureau file a case if the 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 under investigation, and a large part of these are text messages. Everyone should also consider 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, it shall file a case for investigation according to the scope of jurisdiction.

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined 20,000 yuan If the amount is extremely large or there are other serious circumstances, the fine shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, A fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using a voided credit card (3) Pretending to use other people’s credit cards; (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. 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.

That’s it for the introduction to credit card overdue reporting.