How long will it take for your credit card to be overdue before you are caught?

If your credit card is overdue for more than three months or the bank has made two or more reminders and has not paid back, you will be arrested by the bank.

At this time, the bank will freeze your card and list you as a prohibited customer (blacklist). At the same time, it will also enforce your credit card and malicious overdraft. If you later refuse to repay and the amount of arrears exceeds 10,000, you will be sentenced according to the credit card crime in Article 196 of the Criminal Law:

Article 196 of the Criminal Law stipulates that under one of the following circumstances, credit card activities involving a larger amount 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 20,000 yuan but not more than 200,000 yuan. fines of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:

(1) Using counterfeit credit cards , or using a credit card fraudulently obtained with false identification;

(2) Using an invalid credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

A malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank. Malicious overdraft is the main form of risk in the credit card business and is a part of the credit card.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

Will you be detained immediately if you report an overdue credit card to the bank?

If your credit card is overdue, you will not be sentenced immediately, and the police will not arrest you immediately.

If the bank directly files the case, they will first detain you criminally. This will not arrest the person. Instead, they will issue a summons to appear in court to respond to the lawsuit, and then wait to be transferred to the procuratorate for prosecution. Then they will arrest the person, and they will ask you after the verdict. If you refuse to repay the loan, you may be included in the list of dishonest persons subject to execution.

If it is seriously overdue, the overdue time is more than 3 months, and the principal of the debt is more than 50,000 yuan after two effective collections by the bank, this situation is already a malicious overdraft of the credit card, which constitutes a credit card crime. The bank You can report the case directly to the public security organ. The public security organ will accept the report and file a case on suspicion of credit card crime, and then arrest the person.

Legal basis:

Article 196 of the "Criminal Law of the People's Republic of China" and any of the following circumstances, if the amount is relatively large and the credit card activity is carried out, a fine of 5 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, the sentence shall be not less than five years but not more than 10 years, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; for special amounts If the circumstances are huge or there are other particularly serious circumstances, the penalty shall be not less than ten years or more, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificate

(2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft.

How long will it take to be sentenced for overdue credit card? One article to answer all your questions

The full text is 1,800 words long. Because it involves legal issues, there is a lot of content, so please read it patiently. Let’s start with a common fact: There is a chance of being charged for an overdue credit card, but the probability of being sentenced is extremely low.

1. The prerequisite for sentencing is that the criminal law has been violated. There is only one situation in which a cardholder with an overdue credit card will be deemed to have violated the criminal law: credit card crime. The part that may be involved in an overdue credit card is "malicious overdraft" This situation.

Let’s take a look at the specific legal provisions:

2. So what situations will be considered as “malicious overdraft”? If the following three conditions are met, you may be found guilty of "malicious overdraft" credit card crime!

1. The cardholder’s overdraft must be for the purpose of “illegal possession”.

Whether it is for illegal possession shall be based on the cardholder’s credit record, repayment ability and willingness, status of applying for and overdrafting the credit card, purpose of overdraft funds, performance after overdraft, failure to comply with regulations The reasons for repayment and other circumstances shall be judged. The mere fact of not repaying the loan in full on time is not considered "illegal possession".

Under normal circumstances, as long as you do not intentionally fail to repay, an overdue credit card will not be arbitrarily deemed as "illegal possession".

2. "Malicious overdraft".

There are several key conditions expressly stipulated by the law: over-limit, over-limit overdraft, and non-repayment for more than three months after two effective collections by the card-issuing bank.

Effective collection here must meet the following conditions:

(1) After the overdraft exceeds the prescribed limit or the prescribed period;

(2) Collection A method that can confirm receipt by the cardholder shall be used, except where the cardholder intentionally avoids collection; (3) There should be at least thirty days between two collections;

(4) ) complies with the relevant regulations or agreements on collection.

3. Adjustment of sentencing amount.

The new judicial interpretation raises the standard for filing a credit card case from the original 10,000 yuan to 50,000 yuan. If the amount of malicious overdraft is more than 50,000 yuan but less than 500,000 yuan, it should be recognized as a first-class criminal offense. A "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan but less than 5 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 5 million yuan, If the amount exceeds RMB 100, it shall be deemed as an “especially huge amount” as stipulated in Article 196 of the Criminal Law.

3. Let’s take a look at the process from reporting an overdue credit card to filing a case:

After a credit card is overdue, banks generally will not report it immediately. Generally, when a cardholder is overdue, the bank will collect it through text messages, phone calls, etc. If the cardholder still has not repaid the loan after 2 effective collections for more than 3 months, then the bank will release the cardholder.

If the cardholder’s overdue amount reaches 50,000 yuan, it meets the standards for filing a criminal case. When the public security department receives a report, it will accept the case and investigate the authenticity of the case. Once the public security department verifies that the case involving the cardholder is true, the public security department will take arrest measures. After an overdue cardholder is arrested, he or she cannot be released until a verdict is reached. Once the verdict is reached, the cardholder may face jail time.

4. How to avoid being sentenced? The key is to avoid being recognized by the bank as malicious overdraft behavior. There are three main aspects:

1. Overdue principal

The overdue principal of a credit card exceeding 50,000 yuan is an essential element of a credit card crime. First, it is recommended to reduce the overdue amount of a single card to less than 50,000 yuan after it is overdue.

2. Overdue time

According to relevant regulations, if the overdue time exceeds three months, there are more than two effective collections, and the collection fails, the bank will ban the cardholder, and the cardholder will be charged. Risks identified as malicious overdraft behavior. Therefore, there are risks if the loan is overdue for more than three months. It is best to negotiate with the bank within three months of being overdue.

3. Repayment attitude

After your credit card is overdue, you must show a good repayment attitude to the bank. First of all, you must not lose contact. Secondly, it is recommended to contact the bank proactively, explain your difficult situation, and express that you have a strong willingness to repay, but you are temporarily unable to repay. The main thing is to strive to reach a personalized installment agreement with the bank, which can not only avoid collection, There will be no chance of being bankrupted, and the repayment pressure will be greatly reduced.

5. Conclusion

If you cannot repay the credit card in one go after it is overdue, you must actively negotiate with the bank for personalized installments immediately after the overdue date.

You should take the initiative to call the bank's customer service, explain your situation to the bank, express your strong willingness to repay, and at the same time prove to the bank that you have long-term and stable repayment ability, and try your best to reach a personalized installment repayment with the bank.

There are several benefits that you must know when negotiating a suspension of installments:

1. Stop being collected.

2. Avoid being beaten.

3. Stop the increase in high interest rates and liquidated damages.

4. Reduction or exemption of part of the liquidated damages and penalty interest.

5. Greatly reduce the repayment pressure, and you can repay the debt in up to 60 months.

After your credit card is overdue, contact your bank as soon as possible to negotiate personalized repayment. If individuals cannot reach an agreement through negotiation, they can seek help from professionals.

That’s it for the introduction of how long it will take to get caught if your credit card is overdue.