How to write an IOU to borrow a credit card?
How to write an IOU to borrow a credit card: The IOU is borrowing ____ (cardholder’s name). The balance of the credit card is ____ yuan, capitalized is ____ yuan. . Borrower: ____ Date: __ month __ day __ year. It is illegal to lend a credit card to others. Once a bad debt occurs, the cardholder must bear all the consequences. The Supreme People's Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases has delineated "two lines and three areas" for loan interest rates. The first line of the "two lines and three areas" is that the annual interest rate does not exceed 24% (monthly interest rate) If the annual interest rate does not exceed 2%), it belongs to the judicial protection zone; the second line is if the annual interest rate is more than 36% (the monthly interest rate does not exceed 3%), the interest agreement for the excess part is invalid and belongs to the invalid zone. The annual interest rate between 24% and 36% (monthly interest rate between 2% and 3%) is the natural debt zone. If the lender requests the borrower to pay interest exceeding 24% of the annual interest rate, it will not be supported; if the borrower has already paid, it will not be supported. Protect. If the borrower and the borrower do not agree on the interest or the interest agreement is unclear, and the lender claims to pay interest during the loan period, the people will not support it. Borrowing term. According to Article 188 of the General Principles of the Civil Law, the statute of limitations for an IOU that specifies a repayment period is 3 years from the expiration of the repayment period, while for an IOU that does not specify a repayment period, the statute of limitations is 20 years. Article 108 of the General Principles of the Civil Law Debts must be paid off. If the debt is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the people's ruling. Those who are able to repay but refuse to repay shall have the people's judgment to compel repayment.
What are the legal responsibilities if you transfer your credit card to someone else?
If you transfer your credit card to someone else, you will be responsible for repayment if it is overdue. Bank regulations do not allow lending credit cards to others. If the cardholder lends the money, the responsibility lies with the cardholder. Because:
1. (1) Lending a credit card to a friend violates the bank’s credit card usage management regulations. Once discovered by the bank, the card may be frozen by the bank at any time and requires immediate repayment of all outstanding balances. .
(2) Even if you are not discovered, you have formed a credit lending relationship with the bank. Although the party swiping the card for consumption is a friend, according to the principle of privity of contract, you are still obliged to repay the loan to the bank. If it is overdue, If you fail to repay it, you will have to pay high interest and late fees, and you may also be held criminally liable.
2. (1) Lending your credit card to others, but the civil act of borrowing between the two parties is still legally binding. You have the right to require your friend to repay the loan in accordance with the contract.
(2) Therefore, after urging your friend to repay ineffectively, you can file a civil lawsuit in accordance with the law, and at the same time, you can apply for property preservation measures. However, in order to avoid the risk of criminal prosecution, you should first pay off the bank debt beforehand, and then ask your friend to repay you directly.
Using credit cards is risky, so be careful when lending them! Borrowing is also risky and a high degree of vigilance must be maintained.
Legal Basis
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: The crime of credit card falls under one of the following circumstances: if the amount is relatively large when conducting credit card activities, If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than ten 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, a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation shall be imposed: (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 commits a crime and uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Are credit cards related to private lending?
Credit cards have nothing to do with private lending. Private lending is not still a civil liability. Failure to repay a credit card will lead to criminal liability.
What are the consequences of borrowing a credit card? Should I borrow it or not?
Sometimes it is inevitable that friends or relatives around us will borrow a credit card. At this time, whether to borrow or not can be a difficult question. One party is A deep friendship or an everlasting family relationship, on the other hand, the serious consequences that may arise from borrowing a credit card. How do you balance this scale? So, let me first explain to you the consequences of borrowing a credit card through an example.
Example 1:
In early 2016, Ms. Li, who was born in the 1980s, had a boyfriend named Han. Due to financial constraints, the boyfriend offered to borrow Ms. Li’s credit card. Ms. Li was swept away by love. The mind agrees. Unexpectedly, Han began to swipe his credit card without restraint, and after overdrafting 300,000 yuan, he "disappeared". What is left for Ms. Li, apart from the pain of "broken love", is only a huge debt. She was unable to repay, and despite being repeatedly called upon by the card-issuing bank, she still refused to repay for more than 3 months (because she thought at the time that the money was not spent by her, so she should not be responsible for repaying it). In the end, Ms. Li was sentenced for "credit card crime", but her "boyfriend" Han had long disappeared.
Example 2:
Ming and Zhang were good friends. In February 2015, Ming lent his credit card to Zhang who was short of funds for business. Zhang has been overdrafting normally and repaying it in a timely manner. However, six months later, the credit card became overdue, and Zhang no longer repaid the loan on time because his business failed. The bank repeatedly urged the card owner Ming to repay the money. In desperation, Ming had to pay back the entire amount plus high late fees. Ming believed that since the money was withdrawn while Zhang was using it, the late payment fee should be repaid by Zhang, but Zhang refused and was only willing to return the principal. Afterwards, Ming sued his former friend Zhang to court, and Zhang paid the money and settled the matter.
Example analysis:
The cardholder in the above example seems innocent, but in fact he was not wronged. Many cardholders conceptually believe that as long as they did not swipe the card themselves, they should not be responsible for repaying it. Such an idea may seem reasonable, but in fact it is a lack of contract spirit and ignorance of the law. The law stipulates that whether it is a malicious overdraft caused by lending a credit card to others, or losses such as loss or theft during the period of lending to others, in principle, the cardholder should bear all responsibilities.
My friend lent me a credit card for consumption, and on the repayment date, he borrowed money from a third party and instructed the third party to transfer the money to me for repayment. Now
Now you can ask your friend Friends bear it.
The so-called third party holding transfer records will be accepted on the grounds of private lending. Whether the case can be won depends on the outcome of the trial. The other party needs to explain the relationship between you to prove that it is a private loan. You can also provide evidence to prove that the money is actually your friend's money, and provide evidence that you think the loan relationship is real.
Determine who to trust after comprehensive consideration. This evidence and cross-examination will be very complicated. It is recommended to find a professional lawyer to help you. If you make a mistake in court, you may not be able to make up for it afterwards.
Private lending formed by credit card borrowing
As long as both parties indicate that it is a lending relationship, it is a lending behavior.
1. A credit card is a financial payment instrument that the cardholder signs a contract with the card issuer and is issued by the card issuer to the cardholder for overdraft consumption, cash withdrawal, and transfer settlement within a certain credit limit. . A contractual relationship is established between the credit card holder and the card issuing bank for the purpose of financing and borrowing and with the use contract as the carrier. Special merchants are often involved in the use of credit cards. A credit card generally refers to the rights and obligations that arise between the card issuer, the cardholder, and the special merchants during the use of the credit card. For example, if it is caused by overdue repayment, counterfeit card transactions, fraudulent transactions, payment settlement, etc., one of the main entities must be the card-issuing bank. Therefore, this category does not meet the requirements of a credit card.
2. A loan contract is a contract in which the lender transfers the possession and use rights of the loaned object to the borrower on a regular or irregular basis. In addition to being gratuitous, a loan contract also has an important feature, that is, the subject matter is non-consumable and specific. The purpose of borrowing is to use the subject matter itself, that is, the use value of the borrowed item. After use, the original item must be returned to the lender. The object of the loan contract is currency and the purpose is financing. In this category, the purpose of borrowing a credit card is not to use the credit card itself, but to use the credit card for financing. Therefore, this type of loan does not meet the requirements of a loan contract.
3. A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. The purpose of the loan contract is financial financing.
Credit cards have financing functions such as overdraft consumption, credit loans, and cash withdrawals. In this type, the lender lends a credit card to the borrower so that the borrower can finance consumption or withdraw cash through the credit card. The lender is in debt to the card issuer within the scope of the borrower's overdraft consumption or cash withdrawal, and has the purpose of financing funds. Both parties It has the nature of private lending and establishes a private lending relationship.
Legal basis:
"People's Republic of China and Civil Code"
Article 667 A loan contract is a loan from the borrower to the lender , a contract to return the borrowed money and pay interest when due.
Article 668: A loan contract shall be in writing, unless otherwise agreed upon for a loan between natural persons. The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 669: When entering into a loan contract, the borrower shall provide the true situation of business activities and financial status related to the loan as required by the lender.
This concludes the introduction to private credit card loans and credit card private loan interest. Have you found the information you need?