1, the cardholder aims at illegal possession;
2. Exceeding the prescribed limit or overdrawing within the prescribed time limit;
3. After two effective collections by the issuing bank, it is still not returned for more than three months.
Credit card arrears that have not been repaid for 3 years are malicious overdrafts, and more than 6,543,800 yuan is suspected of credit card fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined as prescribed by law.
The consequences of overdue are as follows
1. Bear high overdue fees. For overdue fees, different online lending platforms have different names and different charging standards.
2, undertake the platform fancy collection
3. The credit information of China People's Bank is tainted. Most online lending platforms are not connected to the credit information system of the People's Bank of China, but it has become an inevitable trend that most online lending platforms are not connected to the credit information system of the People's Bank of China. In the future, if the online lending platform fails to repay the loan within the time limit, it will be recorded in the credit information system of the People's Bank of China, just like bank loans and credit cards that are overdue, causing credit stains. If the previous consequence is only losing face, then the stain of credit information will affect real life, and there is no way to borrow money if you want to buy a house, no way to mortgage if you want to buy a car, and so on.
4. When the defendant goes to court, he fails to return it for a long time or intentionally. After the amount exceeds 2,000, it can already constitute a crime of fraud and is in danger of being sued by the online lending platform. Once the court decides that the online lending platform wins the case, the borrower not only has to pay the money that needs to be repaid, but also pays the litigation costs and huge fines of both parties, and even faces jail time.
Legal basis:
Article 674 of the Civil Code of People's Republic of China (PRC)
The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.
Article 675 of the Civil Code of People's Republic of China (PRC)
The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.
Article 196 of the Criminal Law of People's Republic of China (PRC)
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 especially 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 confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.