Does an overdue credit card have an impact on your spouse?
An overdue credit card has an impact on your spouse.
According to the legal provisions of spousal debt, both the cardholder and his spouse are obliged to repay the debt, unless the spouse can provide evidence to prove that he did not spend a penny on the cardholder. Otherwise, if the loan is not repaid, many banks will sue the cardholder and his or her spouse on the grounds that the debt is shared by both husband and wife, requiring both parties to repay the loan simultaneously. In addition, overdue credit cards will also affect the credit of the spouse. The new version of the credit report will show the credit status of both spouses. If one party has bad credit after overdue, the other party will be rejected if they take out a loan to buy a house in their own name, even if the divorce is fake. Buying a house is not an option either. Because now, for married people, loans to buy a house no longer only depend on the credit score of the primary lender. When banks examine an individual’s credit status to decide whether to grant a loan, they will take into account the credit status of their spouse. If one spouse’s credit score is not good, the other spouse’s credit score is not good. will also be rejected.
2. If you fail to pay off your credit card overdue, besides affecting yourself, will it have any impact on your family?
1. Impact on spouse
An overdue credit card may seem like a personal debt, but if it is not repaid overdue, your family will also be greatly affected. The first thing that comes to mind is your spouse. The law clearly stipulates that as long as the credit card debt is used for the joint life of both spouses, then the spouse has the obligation to repay it and is considered a joint debt of the husband and wife.
2. Impact on the couple’s loan business
Credit card overdue records will be recorded and kept in the Credit Reference Center of the Central Bank as an important reference for financial institutions to handle credit business. Once the credit record shows "three in a row": overdue for more than 3 months, and overdue for more than 6 times within a year, the door to the credit business of the financial institution will no longer be open for you. Once one of the spouses has a tainted credit record, it will be impossible for the bank to grant a loan. The most common ones are car loans, housing loans, and credit cards.
3. Impact on children’s schooling
In addition to affecting spouses, it will also have an impact on children’s schooling. If the bank takes overdue cardholders and still fails to repay after the judgment, they will be included in the list of "untrustworthy persons subject to enforcement" and joint credit penalties will be imposed on them! , commonly known as "Lao Lai". According to relevant regulations, Laolai's children are not allowed to attend high-fee private schools, but their attendance at public schools will not be affected.
4. Impact on children’s future work
If parents have criminal records, it will affect their children’s participation in civil service examinations, military recruitment, state-owned enterprises, public institutions, military academies and police. If you fail to pass the political review such as school and promotion, these political review are very strict. If your credit card is overdue and suspected of malicious overdraft, you will be held criminally responsible. Article 196 of the Criminal Law "Credit Card Crime" is a legal provision specially formulated for overdue credit card. The most common The only thing is that after applying for a card, the card is emptied once and no longer processed, and then the behavior of changing the contact information to avoid collection will be considered as malicious overdraft behavior. If there is no malicious overdraft behavior, it is generally just a civil matter and there will be no criminal risk. In addition, the "soft violent collection" of third-party debt collection after the due date will also affect your family. They will contact your family to inform you of your debt information and exaggerate the serious consequences to scare your family. The purpose is to put pressure on you and force you to do so. Repay!
5. Overdue treatment methods: stop losses in time and stop reminders!
Maybe many card friends don’t know! In fact, the central bank has long issued support policies to rescue overdue cardholders: According to Article 70 of the "Regulations on the Supervision and Administration of Credit Card Business of Commercial Banks", under special circumstances, it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability, and If the cardholder is still willing to repay, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement, with the longest agreement not exceeding 5 years.
Will an overdue credit card of one spouse affect the other?
Credit reports are all for independent individuals. An overdue credit card of one spouse will not affect the other spouse. The credit cards of both spouses are independent of each other, and the applicants are independent individuals. Under normal circumstances, one spouse does not have much influence on the other spouse in the process of using the credit card.
However, it should be noted that if there is a loan issue involving the same property of a husband and wife, such as a mortgage, a credit union loan, or other commercial loans that require double signatures, it will be adversely affected by the overdue credit card of one of the spouses. The credit cards of both spouses are independent of each other. Generally, one spouse does not have much influence on the other spouse in the process of using the credit card.
However, it should be noted that if there is a loan issue involving the same property of the husband and wife, such as a mortgage or other commercial loans, it will have adverse effects because one of the husband and wife's credit card is overdue.
General financial institutions will require the information of both spouses when approving a loan, including the personal credit reports of both spouses. Even if the spouse with good credit is the main borrower, it will be difficult for the other spouse to apply for a loan if his or her credit is poor and there are many overdue loans. For banks with strict application requirements, if one of the couple has bad credit due to an overdue credit card, it may be affected when applying for a loan. If the other party's credit is not overdue but only slightly overdue, the impact will not be great. However, if there are more than three consecutive months of non-repayment in the past two years, it will have a great impact and may even be directly rejected. If the bank is not very strict and the personal information of one party is submitted when applying for a credit card, the impact of overdue payment on the other party will not be great.
: The spouse with good credit is the primary borrower. However, if the other spouse has poor credit and has many overdue loans, the primary borrower will also be affected. Normally, when applying for a mortgage or other commercial loan, financial institutions will ask for information about both spouses, including their personal credit reports. If the applied amount is overdue, it will naturally affect the applicant's personal credit report.
Legal basis: According to Article 196 of the "Criminal Law", the crime of credit card refers to the act of illegally possessing, violating credit card management regulations, using credit cards to carry out activities, and defrauding a large amount of property. The use of credit cards generally refers to the use of counterfeit or invalid credit cards, or the fraudulent use of other people's credit cards or malicious overdrafts.
Credit card debt will harm your spouse
Credit card debt will harm your spouse
Credit card debt will harm your spouse. Nowadays, many people have several credit cards. For business or daily expenses, some people just want to eat, drink and have fun, resulting in the credit card debt being unable to be repaid. Will the credit card debt affect the spouse?
Credit card debt will harm your spouse1
Whether credit card debt will harm your spouse depends on the specific situation:
If the credit card debt is used for family** If they live together, it will be regarded as the husband and wife sharing the same debt. The spouse will naturally be implicated, and both husband and wife will have to bear the debt and have the obligation to repay it.
If the credit card debt is used for personal consumption, the spouse does not need to bear the responsibility for repayment. If the credit card debt existed before the marriage, it is obviously a personal debt and will not implicate the spouse.
Also, if the husband and wife have made a clear agreement on the distribution and ownership of property during the marriage, signed an agreement, the property belongs to each person, and the debts also belong to each person, and the agreement is notarized, then In this case, credit card debts incurred during the marriage are also considered personal debts of the cardholder, and the other party does not have to repay them.
It is recommended that when using credit cards, everyone should consider the financial situation and repayment ability of themselves and their families. Don’t be blind, but should consume rationally to avoid excessive repayment amounts and huge debts that cannot be repaid. .
Judicial procedures for identifying malicious credit card overdrafts
1. Subject requirements. Only available to legitimate cardholders. Those who fraudulently obtain credit cards and other persons who hold credit cards without going through the application procedures for activities such as borrowing, picking up, buying, and robbing cannot become the subject of malicious overdrafts. The reasons have been mentioned above and will not be repeated here.
2. Subjective requirements. The subjective form of the perpetrator's guilt is intentional, including knowing and illegal possession of the prescribed limit and prescribed period.
The perpetrator's purpose of illegal possession is generally based on the presumption of his behavior. The refusal to return the card after being called by the issuing bank is not only an objective aspect of the behavior, but also an important basis for presuming the purpose of illegal possession.
In the process of presumption, it is necessary to distinguish between the refusal to return due to subjective malignancy and the inability to return due to reasonable objective factors. The former is subjective unwillingness, while the latter is objective inability.
Credit card overdraft itself is a high-risk business, and banks should be fully aware of its risk costs. If the cardholder is objectively unable to return the overdraft due to legitimate reasons such as force majeure, based on Criminal law is modest and should not be treated as a crime.
In judicial practice, if the perpetrator has the following behaviors, it can be determined that he has the purpose of illegal possession: the cardholder overdrafts a huge amount and then runs away with the money; the overdraft is used for illegal or criminal activities, resulting in the overdraft being unable to be returned; Use overdraft funds for squandering and buying luxury goods, which greatly exceeds their actual payment ability.
3. Objective requirements. There are two objective aspects of criminal malicious overdraft. First, if an overdraft exceeds the prescribed limit and is not repaid after collection, this is called a criminal malicious overdraft that exceeds the limit.
The so-called overdraft limit refers to the maximum limit that a cardholder can use that exceeds his or her actual deposit balance specified by the card issuing bank, including a single overdraft limit and a monthly cumulative overdraft limit. If the overdraft exceeds the limit, the issuing bank can collect the payment at any time.
In accordance with the spirit of the 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases", "non-return" refers to "failure to return within 3 months from the date of receipt of the collection notice from the card-issuing bank." "Return"; if the perpetrator voluntarily returns the overdraft without collection or returns the overdraft after collection, it will not be treated as a crime, it will constitute an improper overdraft and bear corresponding civil liability.
The other is an overdraft that exceeds the prescribed time limit and is not repaid after collection, this is called a criminal malicious overdraft that exceeds the time limit. The "Bank Card Business Management Measures" stipulate that the maximum overdraft period for quasi-credit cards is 60 days, and some card issuing banks stipulate that it is one month. If the overdraft amount does not exceed the limit, but exceeds the above period and is not returned after being called by the card issuer, it constitutes a crime.
The time limit for the perpetrator to return the money after collection is 3 months. If the perpetrator voluntarily returns the overdraft without collection or returns the overdraft after collection, it will not be treated as a crime, but it will constitute an improper overdraft and bear corresponding civil liability.
The repayment subject of the overdraft is not limited to the cardholder, but also Also includes guarantors. The principle of handling non-return is that the cardholder himself refuses to return it. Therefore, if the card issuer directly collects the money from the cardholder but is refused, it can be deemed a crime, because when the cardholder refuses to return the card, the purpose of illegal possession can be presumed, which meets all the elements of the crime.
As for the guarantor's repayment of the overdraft, it can be considered as a sentencing factor; if the card issuer directly collects the money from the guarantor and the guarantor returns it, the cardholder will not be guilty of a crime; the guarantor refuses to return it, but If the cardholder does not know about it, it does not constitute a crime. If the cardholder knows about it and refuses to return it, it does constitute a crime.
Will credit card debt implicate the spouse 2
1. Will credit card debt implicate the spouse?
In fact, if a spouse owes a credit card, does the other spouse have repayment responsibility? The key is to look at the nature of the credit card debt, which can be judged from four aspects.
See whether the credit card debt is used for the husband and wife's life together. If it is used for the family's husband and wife's life together, it should be considered a debt for the husband and wife, and both husband and wife are within the scope of the husband and wife's common property. There is a repayment obligation within.
If the spouse uses the credit card for personal business or expenses, such as buying luxury goods, food, drinks, entertainment, etc., then this is a personal debt, and the other spouse does not need to bear the responsibility for repayment.
If the credit card debt existed before the marriage, it is obviously a personal debt and will not affect the spouse. The other spouse also does not have to bear the responsibility for repayment.
If the husband and wife have previously agreed on the distribution and ownership of property during the marriage, for example, the property is notarized, and then they sign an agreement saying that the property belongs to each person and the debts also belong to each person, in this case, the marriage Credit card debts are also considered personal debts, and the other party does not need to repay them.
2. Consequences of overdue credit cards
1. The card issuing bank will collect the due credit card loan in accordance with the law. According to the loan contract and guarantee contract (mortgage or pledge contract), the card issuing bank will In this regard, property preservation and other measures will be taken, including freezing the bank deposits of credit users and sealing up mortgaged and pledged properties.
2. After the judgment is made, the property will be enforced according to law (withholding deposits, auctioning mortgages, etc.) to repay the bank's loan losses.
Specifically include: arrears principal, arrears interest, overdue interest and penalty interest, as well as all resulting litigation costs, related costs incurred when disposing of mortgage (pledge) properties and realizing them, etc.
3. Your credit will be affected. If you use a company as the borrower, your company will be recorded in the national bank credit consultation system, and credit card overdrafts in your personal name will also be recorded in the national personal credit consultation system. Overdue loans are recorded in the system.
4. If you are not maliciously defaulting on the bank loan, and you are able to pay the interest on the normal credit card overdraft, it is recommended to apply for a repayment deferment to the credit card center first, explaining your willingness to repay and the temporary payment of the credit card debt. Generally speaking, banks will grant lenient information to the borrower based on the fact of the loan and the plan for future repayment.
It should be noted that an overdue credit card constitutes a credit card if the amount exceeds 5,000 and is not repaid within 3 months.
Will credit card debts harm your spouse 3
1. Will credit card debts harm your spouse?
Credit card debts will harm your spouse to a certain extent. , but the specific impact will be determined on a case-by-case basis based on the degree of credit card debt and the corresponding matters.
If the credit card debt is relatively minor, and the spouse is also applying for personal credit qualification-related financial products, it will generally not have any negative impact on the spouse.
However, if the degree of credit card debt is very serious and the spouse is applying for a commercial mortgage loan for both husband and wife, when they apply for a commercial loan together, the spouse will be Management has a huge negative impact.
If the credit card debt is very serious, it has been subject to legal sanctions and judgments and has been included in the credit blacklist. This will not only affect your spouse, but will also have an impact on your children's attendance at relevant schools, applying for civil servants, joining the army, etc. during the year.
2. Can I take flights and high-speed trains if my credit card is overdue?
1. If it is just a simple overdue credit card, the degree of overdue is relatively low, and it is not included in the list of high consumption restrictions, then yes You can take planes and high-speed trains.
2. On the contrary, if you have been included in the list of high consumption restrictions, you are not allowed to travel by plane or high-speed rail.
3. The list of restricted high-spenders is a restrictive list measure made by the People's Bank of China in collaboration with relevant units of commercial banks to target those who have seriously dishonesty. Once included in the restricted high-consumption list, a series of consumption restrictions will be imposed on the user through the system, and the user will not be able to stay in a three-star or above hotel, or take high-speed rail or airplanes, etc.
3. Is it cost-effective to repay in installments with a credit card?
It is not cost-effective to repay in advance by installments with a credit card, because the installment repayment of a credit card uses equal amounts of principal and interest, and early repayment also requires a balance. All principal and handling fees for the period.
For debts with large amounts that cannot be paid off in one go over a long period of time, the cost of installment repayment is relatively low to prevent profits from rolling over. But if the amount is low, the consumption accounting date is close to the final repayment date and it can be repaid within a short period of time, it is more cost-effective to choose the lowest repayment amount.
Will the overdue credit card of my husband have any impact on my wife?
Yes, it will.
Because during the relationship between husband and wife, the bad credit record of one spouse due to overdue credit cards will also have an impact on the other spouse’s application for loans:
1. Loans in the name of one spouse , even if the borrower's credit record is good, if his or her spouse repeatedly makes late repayments, the bank will doubt the family's repayment ability and creditworthiness, and will be more cautious when lending.
2. If one spouse has overdue repayments three times in a row within two years, or has overdue repayments six times in total, the bank will refuse to issue a loan.
A bad credit record will affect your spouse and children.
Case:
1. There is a customer in a commercial bank in Foshan who has a blank credit report and no credit card or loan records. He wants to apply for a loan from the bank. But his spouse had a farmer's loan 2 years ago, and because he didn't know the repayment date, he had many bad records on his credit report. Similarly, the client was unable to apply for a loan at the bank due to the influence of his spouse.
2. There is a 25-year-old man who has just started working and plans to purchase a property from a developer in Nanhai District. The young man's personal credit report is good, but because his monthly income cannot cover the monthly repayment, he needs to add his parents as co-borrowers.
During the process of applying for a loan, the bank found after checking that the credit report of the young man’s parents showed that both parties had a consumer loan, which had been overdue for seven consecutive months in the past two years, and the amount was both If it exceeds 20,000 yuan, it is seriously overdue. Because of the parents’ poor credit record, the application for the loan ultimately failed to pass the review.
The consequences of an overdue credit card are:
1. The bank credit card bank center will charge late payment fees and interest:
1. The late payment fee is based on the unpaid portion of the minimum repayment amount. Calculated at RMB 5, the minimum charge is RMB 10 or 1 US dollar
2. At the same time, the bank will also charge an interest of 50,000 per day on the entire bill.
2. Impact on credit:
1. Overdue within one month is considered overdue. As long as it is overdue, even once, it will be more difficult to increase the credit limit;
2. If you are overdue three times in a row or six times in total, you will have a bad credit record, and it will be difficult to get a loan or apply for a credit card in the future;
3. If you are overdue for a certain amount and time, the bank will freeze the credit card.
3. Documents required for the loan:
1. Identity cards of the borrower and his wife;
2. The borrower’s household register/temporary residence permit and Household registration book;
3. Marriage certificate/divorce certificate or judgment/single certificate;
4. Proof of income;
5. Education certificate;
6. Bank statements;
7. Other properties;
8. A copy of the business license of the unit (with official seal);
9. Certificates of deposit, etc.;
10. If the borrower is a corporate legal person, it must also provide an annual inspection business license, tax registration certificate, organization code certificate, corporate articles of association, and financial statements;
11. Other information required by the bank.
Will an overdue credit card affect my spouse? If you love him/her, don’t do this
We all know that overdue credit cards have a great impact on individuals. Not only will their credit be damaged, but they will also be charged every day. In addition, the cardholder’s spouse will also be implicated. Some people may be confused. Doesn’t a credit card only collect debts from the cardholder? There is no requirement that the spouse must repay the debt. It is really naive to think so.
Although the credit card is issued in the name of the individual, if it is overdue, the first person who will be affected is the spouse of the cardholder. Because if the cardholder uses the credit card money for family life, family business, etc., then it is a marital debt.
According to the legal provisions of spousal debt, both the cardholder and his spouse are obliged to repay the debt, unless the spouse can provide evidence to prove that he did not spend a penny on the cardholder. Otherwise, if the loan is not repaid, many banks will sue the cardholder and his or her spouse on the grounds that the debt is shared by both husband and wife, requiring both parties to repay the loan simultaneously.
In addition, overdue credit cards will also affect the credit of the spouse. The new version of the credit report will show the credit status of both spouses. If one party has bad credit after overdue, the other party will also take out a loan to buy a house in his or her own name. If you are rejected, even a fake divorce to buy a house will not work.
Because now, when getting a loan to buy a house, married people no longer only look at the credit score of the primary lender. When banks examine an individual’s credit status to decide whether to grant a loan, they will take the spouse’s credit status into consideration. If one party has bad credit, the other party will also be rejected.
The above is the relevant introduction to "Does an overdue credit card affect your spouse?" I hope it will be helpful to everyone. In short, an overdue credit card will not only affect the cardholder, but also the spouse. If you are not desperate, you must not overdue your credit card. Even if it is not for yourself, you must also think about your spouse.
The impact of overdue credit cards on your spouse
After the credit card expires, your spouse will be affected when using some loan services, such as personal housing loans. During the existence of the relationship between husband and wife, the debts of the husband and wife belong to the same debt, and the spouse may receive collection calls and text messages from the bank, which will affect the spouse's daily life.
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.
If you need to apply for a personal housing loan, the bank requires the lender to provide proof of marital status. If the spouse's credit card is overdue, it may affect the lender's application for a personal housing loan. Overdue credit cards will also have many indirect effects on the spouse and increase the mental pressure of the cardholder.
If the cardholder loses his ability to work, the spouse will be responsible for repaying the credit card, increasing the financial pressure on the spouse. If a credit card is overdue for a long time, the cardholder will be charged by the card issuer. If the cardholder still does not repay the credit card debt after being charged by the card issuer, the card issuer may apply for enforcement.
When the card issuing bank applies for enforcement, the property in the cardholder's name will be auctioned, and the spouse may be left without a fixed address. Cardholders should repay on time and not overdue.
That’s it for the introduction of whether overdue credit cards will affect your spouse.