The following is Bian Xiao's detailed answer to the question of whether the credit card of a couple's death should be returned.
1. Should I return my credit card if one of my spouses dies?
1, I want to return it. Make clear the nature of the debt before paying it back. If the credit card debt belongs to the joint debt of husband and wife, it shall be paid off by the living party with the joint property of husband and wife; If the credit card debt belongs to the personal debt of the deceased, the living will pay it off with their inheritance.
2. Legal basis:
Article 161 of the Civil Code of People's Republic of China (PRC) stipulates that the successor shall pay off the taxes and debts that the decedent should pay according to law within the actual value of the acquired inheritance. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. If the heir renounces inheritance, he may not be liable for paying off the taxes and debts that the decedent should pay according to law.
2. Will you go to jail if your credit card defaults? What is your legal responsibility?
1. It is of course best if the bank agrees to repay the loan by installments, but if the bank does not agree, it is recommended to pay back the money as soon as possible.
. 2. If the amount owed reaches 1 10,000 yuan or more, and it has not been returned for more than 3 months after being collected twice by the issuing bank, it shall be deemed as "malicious overdraft" in criminal law and suspected of credit card fraud. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
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2. According to relevant regulations:
Whoever commits credit card fraud in any of the following circumstances, if 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: those who use forged credit cards; Use an invalid credit card; Fraudulent use of other people's credit cards; Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
3. If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being urged twice by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in the Criminal Law. ; In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the Criminal Law: knowing that there is no repayment ability and the overdraft amount is too large to be returned; Spending overdraft funds and being unable to return them; Escape after overdraft, change contact information, and avoid bank collection; Withdrawing or transferring funds, concealing property or evading repayment; Using overdraft funds for illegal and criminal activities; Other illegal possession of funds and refusal to return them.
4. Those who overdraw maliciously shall be investigated for criminal responsibility. However, after the public security organ files a case and before the people's court makes a judgment, if all the overdraft interest has been repaid, it may be given a lighter punishment, and if the circumstances are minor, it may be exempted from punishment. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
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