Question 1: 20 points for malicious default on credit cards. If the bank only appoints a lawyer to file a civil lawsuit, it will only sentence you to lose and require you to repay. If the bank calls the police, your behavior may constitute credit card fraud. Please refer to the following Criminal Article 196 and judicial interpretations.
Article 196 of the Criminal Law Whoever commits credit card fraud under any of the following circumstances and 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 20,000 yuan but not less than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is extremely 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 10 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, he shall be sentenced to a fixed-term imprisonment of not less than five years but not more than 10 years. Fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:
(1) Using a counterfeit credit card;
(2) Invalidating the use
(3) Pretending to use other people’s credit cards;
(4) Malicious overdraft.
The so-called 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 it even after being called upon by the card-issuing bank.
If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be a violation of Article 190 of the Criminal Law. "Malicious overdraft" as stipulated in Article 6.
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) Knowingly not possessing A large amount of overdraft due to insufficient repayment ability cannot be returned;
(2) Wanton squandering of overdraft funds that cannot be returned;
(3) Escape, change contact information, and evade after overdraft Bank collection;
(4) Escape and transfer funds, conceal property, and evade repayment;
(5) Use overdraft funds to carry out illegal and criminal activities;
(6) Other acts 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 "larger amount" stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 100,000 yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. 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 makes a 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.
Question 2: Is malicious credit card default considered a criminal case? Yes. If you default on your credit card due to malicious intent, it is a criminal case.
Question 3: How long has it been since the credit card was repaid can be defined as malicious default. Malicious overdraft means that the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and still fails to return the credit card after being called by the card-issuing bank. behavior. Malicious overdrafts are a major form of risk in the credit card business and are part of credit card fraud.
Overdue payment will not only be subject to a late payment penalty of 5% of the minimum unpaid portion, but also a penalty interest on the full amount of the bill (the daily interest rate is 0.5%, the interest will be calculated on the day of consumption, and the interest will be charged on a monthly basis until the principal and interest are paid off) It will also produce a bad credit record in the Credit Reference Center of the People's Bank of China, which will seriously affect your application for credit cards and bank loans within 5 years.
If the payment is overdue for more than three months or the bank has not paid more than two reminders, the bank will freeze the card and list the cardholder as a prohibited customer (blacklist), and will also sue the credit card Fraud and malicious overdrafts are subject to court enforcement.
If you refuse to repay after being sued and the amount you owe exceeds RMB 10,000, the court will impose a sentence based on Article 196 of the Criminal Law for the crime of credit card fraud!
Article 196 of the Criminal Law stipulates that anyone who commits credit card fraud under one of the following circumstances and 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 20,000 yuan but not more than 200,000 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 10 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, he shall be sentenced to fixed-term imprisonment of 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; Or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
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(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.
Question 4: If you don’t repay your credit card debt, will you really go to jail? You won’t go to jail, don’t worry, absolutely rest assured, you will definitely not go to jail
Generally, if you don’t repay, you can call If you don't pay the debt, you will be sued in court
Generally, the court lawsuit will result in negotiation with the bank for repayment
Your situation is serious. Pay back the money on time according to the bank's requirements. It's fine
However, your credit record will be affected. It will be difficult to deal with banks in the future. It will take at least seven years to restore your credit record.
It doesn't matter if you are two months overdue. Interest and late fees
Hope this helps you
Question 5: What are the consequences of malicious default on a credit card? Malicious default on a credit card is a malicious overdraft that is a crime of credit card fraud, and will result in imprisonment and fines.
According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. The use of credit cards generally refers to the use of counterfeit or invalid credit cards or fraudulent use of other people's credit cards or malicious overdrafts to conduct fraudulent activities.
The so-called malicious overdraft, according to the second paragraph of Article 196 of the "Criminal Law", means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and has been called by the card-issuing bank. The act of not returning it. The essential difference between a bona fide overdraft and a malicious overdraft lies in the subjective differences of the perpetrators. Both objectively cause overdrafts, but the perpetrator of the overdraft in good faith has the subjective intention to use it first and pay back the overdraft and interest at that time, while the perpetrator of the malicious overdraft overdrafts in order to keep the overdraft as his own. , do not want to repay or are unable to repay, and resort to absconding to avoid debts.
Article 196 of the Criminal Law Whoever commits credit card fraud under any of the following circumstances and 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 20,000 yuan but not less than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is extremely 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 10 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, he shall be sentenced to a fixed-term imprisonment of not less than five years but not more than 10 years. Fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of 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) Making a malicious overdraft.
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 If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.
Question 6: What will be the consequences of a malicious default on a credit card? If it is a China Merchants Bank credit card, if you have any consumption, please repay it on time and in full before the due date.
First of all, overdue repayment will generate a bad credit record, which will affect your personal credit and future credit business, such as loans. Secondly, overdue repayment will generate interest and late fees. Finally, failure to repay for a long time may violate criminal laws, and our bank will reserve the right to pursue prosecution. right.
Question 7: What are the consequences of maliciously defaulting on a credit card? If it is a China Merchants Bank credit card, if you make any consumption, please repay it on time and in full before the due date. First of all, overdue repayment will generate a bad credit record, which will affect your personal credit and future credit business, such as loans. Secondly, overdue repayment will generate interest and late fees. Finally, failure to repay for a long time may violate criminal laws, and our bank will reserve the right to pursue prosecution. right.
Question 8: What is the difference between malicious credit card default and inability to repay? Will you be sentenced.
Article 196 of the Criminal Law stipulates that anyone who commits credit card fraud under one of the following circumstances and 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 20,000 yuan but not more than 200,000 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 10 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, he shall be sentenced to fixed-term imprisonment of 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; Or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
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(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.
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 still refuses to return the card after being called by the card-issuing bank.
Question 9: What is malicious credit card default? It means that you do not pay back the money after spending. . The bank calls you to urge you, but you still don't pay it back. . . In the end, the bank will freeze your account and prepare to issue you a subpoena. This is the consequences of malicious default on payment
Question 10: Is malicious default on credit card payment? Temporarily unable to repay.
How do I negotiate with the bank if I intend to repay the loan? Bank customer service does not agree to negotiate 1 I can tell you clearly that nothing will happen, absolutely nothing will happen. Of course, the premise of my saying this is that starting from tomorrow, even if you only have 50 yuan or 10 yuan in your hand, Save a little in it, because you only have so much ability, and it is what is left over from your meal money, because your ability to repay is really limited because you are currently unemployed or have a low income. Of course, if you are allowed to have 10 yuan on hand at any time every month You should also put 20 yuan in it. No matter if the debt collector says you pay less or you are not sincere in repaying the debt, or you say something ugly, just listen to it. Don’t scare yourself to collapse or become depressed because of these things. I even have thoughts of committing suicide. 2 Secondly, my credit record has basically been bad for 4 months, so there is no need to worry about the credit record anymore. Instead, I should think of various ways to increase my income and repay the money, and be more diligent. The remaining money can be repaid at any time, even if it is still far short of the minimum repayment amount. It usually takes half a year to more than a year for the bank to sort out a group of bad attitude or old people as typical examples to sue. It is not a problem. If you are told to sue, go ahead because you will sue alone. You can answer the 3 collection calls if you can, and don't evade them. And every time you tell them clearly what kind of job you are doing now, how much you earn in a day or a month, and how much food money you can deduct to pay back. Just make it clear how much you want to pay. There is no need to say anything else. Don’t scold them or complain about not repaying the money. Even if they scold you and say dirty things, you can treat them as farts and remain silent, but remember At this time, you need to record the calls you have with them. If you are more diligent, or if they intimidate, threaten, and harass your family and seriously affect your work and life, then spend some time every day to upload the recording to the Internet, and then call their customer service to complain. Go and listen. Of course, if you can bear it in the early stage, keep it after each recording. These are useful at any time. 4 Many people’s answers are mostly to advise you or remind you why your credit record is not good, but for those who are overdue for more than 3 months Most of them are no longer good, so it is no longer the scope of consideration but how to pay back the money as soon as possible, because even if the debt collector does not urge you, various interest and late payment fees are skyrocketing, and the longer you delay, the more money you have to pay back. If the income is not very high, it may be difficult to pay it off in a lifetime. This is the biggest loss. 5. Most of the calls for reminders are not so kind. From their perspective, each of them has many cards in their hands. People want to make reminders, and many of them cannot be contacted, and some of them are old people and almost dead debts that cannot be paid back. The reminder list we outsource to them from the bank shows that they are just three or four months overdue. For them, this is For first-hand cardholders, as long as they can get in touch with you, that's their only hope of placing a commission. They must try every means or even use any means to get commission from you. Think about it, they have at least 100 percent of each order. Commissions of thirty to fifty, of course, some companies don’t offer that much, so forget it if you have some conscience. Many idle people in society will call you and never listen to what you say. They will either yell or curse, sarcastically, threaten, insult or attack you personally. ,,,I just want to say that if those people don’t give themselves some virtue, they also have parents, wives and children, and they will always have their retribution, so don’t worry about it so much. 6 It is natural to pay back debts, so it is the same as collection. Try not to lose your temper when communicating with others. Try to negotiate or state your situation clearly. Also, you should exchange even 10 yuan a month for something. This is not to prove your sincerity or dishonor, but based on your own repayment. If you have the ability to repay the loan, no matter how much the debt collector tells you that you must repay by a certain date, time, and time, you only need to state or explain to him how much money you have in hand, or how much money you have in your bank account. How much money is there on the phone? If I can pay back 10 yuan or 100 yuan tomorrow excluding food, just tell him and it’s OK. Instead of just agreeing to whatever he says just to hang up the phone, you’ll just say If you don't keep your word or don't keep your word, remember to record the call. There are recording prompts when you talk on your mobile phone. Don't forget to click to record each call. It may be used if anything goes wrong later. 7 Don't go to extremes at any time or you can't think of committing suicide or anything like that. Many people who are stressed out and have a breakdown will have such thoughts, but as long as they are alive, there is hope. Parents, family, relatives, friends, colleagues, wives, children, children, etc., ask yourself if you are really willing to let it go, so Work harder to find more sources of income and try to pay it off as soon as possible. And if it really takes a long time and you are sued, you still have the opportunity to negotiate and make a statement. In a word, the bank wants money, not to send you to jail or even give you a long life. one point
They will not choose to send you to the cell... >>