Current location - Trademark Inquiry Complete Network - Overdue credit card - Can I be a bank guarantor if my credit card is overdue?
Can I be a bank guarantor if my credit card is overdue?

Legal subjectivity:

1. Can you be a guarantor if you pay off your credit card after it is overdue?

You can be a guarantor if you pay off your credit card after it is overdue in my country. Only citizens who have the ability to pay off debts on their behalf can become debt guarantors. If you have credit card debts and have a bad record in the credit reporting system, you cannot be a guarantor.

If it is not overdue, you can be a guarantee for others.

If it is overdue and exceeds three months, it will already affect the appeal stage, so a dishonest person cannot be a guarantor. The following are the conditions required for a guarantor:

< p> (1) The loan recipients are natural persons with full capacity for civil conduct.

(2) Having a permanent urban residence or valid residence status, that is, the borrower is required to have a legal identity.

(3) Have a stable career and income, good credit, and the ability to repay the principal and interest of the loan.

(4) There are slight differences in down payment requirements among banks.

(5) There are assets approved by the lender as mortgage or pledge, or there is a unit or individual that meets the prescribed conditions and has the ability to pay as a guarantor to repay the principal and interest of the loan and bear joint liability.

(6) Have a house purchase contract or agreement.

(7) Other conditions stipulated by the lender.

The basic requirements for borrowers are natural persons with a stable career, stable income, and the ability to repay the principal and interest of the loan on time. They are aged between 18 and 60 years old, including Hong Kong, Macao, Taiwan and foreigners. In addition, the actual age of the borrower plus the loan application period should not exceed 70 years old.

"People's Republic of China and Civil Code"

Article 683: Scope of entities that are not allowed to serve as guarantors. Institutional legal persons may not be guarantors, but they must be approved by the State Council for the use of foreign Except for on-lending loans from governments or international economic organizations.

Non-profit legal persons and unincorporated organizations for public welfare purposes are not allowed to be guarantors.

2. How long does it take to eliminate overdue credit card records

Credit card overdue

(1) If the cardholder forgets to repay the payment and discovers that it is overdue, he must repay it as soon as possible. , it is best to repay in full. Call the bank's credit card center and declare that the debt is not malicious. If the overdue time is short, the bank may not count the bad records;

(2) When the credit card is overdue and unable to repay due to unemployment, illness, etc., the cardholder should proactively contact the bank's credit card center before the repayment period , explain your financial situation, declare that you owe money without malicious intent, and apply for deferred repayment or installment repayment;

(3) The cardholder actively applies for deferred repayment, and the bank will often agree to the extension. Cardholders agree on a mutually acceptable repayment plan. In this way, the bank will not record bad records, but you must repay on time after applying for an extension;

(4) Credit card repayment information The central bank’s credit reporting system rolls for 24 months, and records of overdue credit card repayments will be collected in the collection The card will be stored in the credit system for two years. If the card is found to be overdue and paid off, the card will be canceled directly and the information will not be rolled over but will be saved for a long time.

3. Can I still use my credit card after overdue repayment?

It depends on the time and severity of the overdue payment. Generally, if you are overdue for more than three months, you will be blacklisted. If you are overdue for one day, you will be blacklisted. Late fees and interest will be charged.

(1) If you forget to repay due to negligence, you must repay as soon as possible after discovering that it is overdue, preferably in full. Then call the bank's credit card center and state that the debt is not malicious. If the record has been good in the past and the overdue time is short, and it is found that the repayment is good after the overdue period, it may not be recorded as a bad record. Don't be careless in the future. Be sure to pay attention to the bank's bill notifications and collection information to avoid overdue payments.

(2) Some people apply for credit cards and seldom use them. When the credit card is overdue for repayment, they plan not to use the credit card at all, and simply ignore the credit card, neither making repayments nor canceling the card. In fact, this approach is very wrong. If you continue to fail to repay the loan, there will be an overdue payment once a month, which means that a bad credit record will be recorded once a month. If you fail to repay for many months in a row, you will be sued by the bank and found guilty of malicious arrears. Your credit record will become worse, and the amount of arrears will become larger and larger. In serious cases, you will be sentenced to fines.

(3) If the credit card is not paid overdue, the credit card center of the issuing bank will collect the payment.

Due to ignorance and blind arrogance, some people not only refuse to repay the loan, but also "escape" by changing their address, mobile phone and other contact information so that the bank cannot contact them, thinking that the bank can't do anything to them. In fact, this approach is absolutely undesirable. When you apply for a credit card, your real-name information has been recorded by the bank. Once you "run away", the bank will determine that you have malicious overdrafts and arrears, and will call the police, who will list you as a wanted person.

(4) Credit card repayment information will be recorded by the central bank's credit reporting system on a rolling basis for 24 months. That is to say, bad credit records caused by overdue credit card repayments will be kept in the credit reporting system for two years. If terminated with a card, the corresponding records will no longer be scrolled, but will be saved for a long time. Therefore, after overdue repayment of a credit card, it is best not to cancel the credit card immediately after paying off the debt. Instead, you should insist on using the card for more than two years and keep your credit in good condition during the period. In this way, you can rely on rolling records to remove bad records from your credit report. Remove it from the system.

(5) As a credit card holder, once you are unable to repay the loan on time due to unemployment, illness or accident, before the final repayment period arrives, the cardholder is best to proactively contact the bank’s credit card center. Contact us, state your financial situation, affirm that you do not owe money maliciously, and apply for delayed repayment and interest discounts. In view of the cardholder's active performance and previous good credit record, the bank will often agree to defer the repayment and negotiate with the cardholder a mutually acceptable repayment plan, deferment period, interest discount, monthly repayment amount, etc. In this way, if you proactively contact the bank and get the bank's consent to defer the repayment, you will not be recorded as a bad record, but it should be noted that you will be guaranteed to repay as agreed in the future. The law is objective:

Article 196 of the Criminal Law: Whoever commits credit card fraud in 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 20,000 yuan A fine of not less than 200,000 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 , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated: (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. Anyone who steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.