Will the public security bureau file a case if the bank reports an overdue credit card?

Legal analysis: Generally, the public security bureau will not file a case for an overdue credit card, only if the amount involved is relatively large and the person cannot be contacted. Next, the police will only file a case when the bank calls the police. After a credit card case is filed for investigation, the bank or the public security bureau will usually send a formal notification via email. If you repay the money in time, you'll be fine. If you don't repay the money and you disappear, the Public Security Bureau will find him. However, there are now many so-called text messages under investigation, and a large part of these are text messages. Everyone should also consider whether it is true based on their own circumstances to avoid being deceived. If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the money after being called by the card-issuing bank, it may constitute a credit card crime. If there are criminal facts or a criminal suspect is discovered, the public security organs shall file a case for investigation according to their jurisdiction.

Legal basis: Article 109 of the "Criminal Procedure Law of the People's Republic of China" When the public security organ or the People's Procuratorate discovers criminal facts or criminal suspects, it shall file a case for investigation according to the scope of jurisdiction.

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined 20,000 yuan If the amount is extremely large or there are other serious circumstances, the fine 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: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using a voided credit card (3) Pretending to use other people’s credit cards; (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 uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Is it true that the bank said it has reported the case to my local police for an overdue credit card?

This situation is not very realistic. For credit card online loans that are overdue, I have had questions about reporting the case

The credit card loan is overdue and the collection says that the case has been reported. If the payment is not repaid at what time, we will start the filing process. So first of all, reporting is required by everyone, including everyone. A company has rights conferred by law. So there is no problem in reporting a crime, but will all online loans and credit cards choose to report a crime? Judging from our current cases, he generally will not report online loans, especially platform loans that violate laws and regulations, and he even dare not report the case. Why, because he himself has many violations of laws and regulations,

So, if your current platform has illegal activities, it will rarely report the crime, or it will not report the crime through the formal reporting process. Generally, it will not be reported until the people update it. Because it is common, please note here that reporting a crime and committing a crime are two different things.

In addition, is it possible to report a crime on a credit card? Judging from the cases Tumen has encountered so far, if it is indeed a credit card, then there may be a report or even a criminal case. However, from the many cases we have observed so far and the contact with so many debtors, it is rare to constitute a Credit card, so what is a credit card, I have already talked about it in my video.

You can go back and watch the previous video course about credit cards. Then if you don’t have a credit card, but the bank still takes the method of reporting the crime, at this time you need to judge whether it is a formal report, or whether it is just sending it to you. I have prepared a crime report material to put pressure on you.

A leader of the relevant department said some time ago that there are currently many behaviors in the credit card field that use criminal reports to collect payment. To a certain extent, it is a kind of soft violence, and it also infringes on the legitimate rights and interests of many cardholders. If you are really reported, how should you face it? In fact, there is no need to be nervous. At this time, you can go to the relevant police station for reporting the crime. Either, or the economic investigation department can truthfully report your debt situation, with the reasons and corresponding materials,

So as long as you are not a credit card, then there is no need to worry about reporting the crime, then it is OK There will be no criminal liability that you are worried about, then it will be a civil lawsuit and bear civil liability. In summary, debt is not terrible, carry the burden and travel around the world, come on! ! !

I owe about 500,000 yuan to 8 credit cards, and now China Merchants Bank calls me to report it. What should I do?

If your credit card is overdue, call 02112363 to complain, and China Merchants Bank will help you with the installment within a few days

You owe about 500,000 yuan to 8 credit cards, and now you are being called by China Merchants Bank to report the case. What should I do?

Xiao Chunchun also had a similar experience. Let me share my views. I hope it can help you.

Under what circumstances will the bank report the crime

Usually reporting the crime is to report the crime to the public security organs and request the public security organs to arrest the person and recover the stolen goods. Only when certain conditions are met will the public security organs open a case. The conditions for filing a case here are that the principal is more than 50,000, and if the bank has not paid it back for three months after two effective collections, the public security agency will file a case for investigation only if it qualifies as a malicious overdraft. Therefore, the questioner can analyze it according to his own situation. The bank's credit card center will also collect relevant evidence and materials before reporting a crime, and only those who meet the standards will choose to report the crime. In addition to reporting cases to the public security organs, banks may file lawsuits against people who do not meet the standards for criminal filing and recover arrears through civil channels.

What to do if the bank reports a crime

First of all, you must confirm the authenticity of the bank report. At present, a common tactic used by debt collectors is to claim to report the crime, in order to achieve the purpose of repaying the debtor out of fear of being arrested by the public security organs. Don’t panic when encountering this situation, do the following in an orderly manner.

The first is to negotiate sincerely with the collection staff and express your willingness to repay. If you are unable to repay due to financial difficulties, you must also explain it and try to negotiate repayment.

The second is to call the bank’s customer service number, also to express your willingness to repay and the actual difficulties, and try to negotiate repayment with the bank. Under normal circumstances, banks will not agree easily, but they have to do it. At the same time, record the phone calls to collect evidence for yourself that the overdraft is not malicious.

The third is to verify whether the bank has reported the case. You can find out from the bank or the public security bureau. Under normal circumstances, if there is no notification from the public security organ, any notification from other channels can be regarded as false.

Don’t worry, we won’t report the case for the time being. It’s just an external debt collection company threatening you. This kind of thing happened to my colleagues, and I answered the call later to help her deal with it. I clearly remember that the other party's attitude was extremely bad. I couldn't communicate with them at all at first. After talking for a few minutes, they made me angry. After I informed the other party that the conversation had been recorded, the attitude on the other end of the phone calmed down.

The general process is that the relevant personnel of the bank will gently inquire and remind you by phone if you have overdue repayment. If you continue to overdue repayment, the bank will entrust a debt collection company to conduct phone harassment based on the evaluation standards. If you continue to fail to repay, you will be The summons received will be followed by a court hearing and an out-of-court settlement. When the situation continues to deteriorate, the bank will apply for enforcement!

When you receive another call to communicate with the other party, if the other party has a tough tone, you can even tell the other party to pay attention to their attitude and speech style! If there is a verbal threat, you can clearly inform the other party that you have recorded the call. After leaving evidence of the verbal threat, you can even report the other party for being involved in gangs?

Of course, please remember that the other party is calling. For reminders, the topic of your communication is to negotiate with each other about repayment matters and your repayment plan, that's all!

Finally, I would like to advise you. After all, it is still your fault that you owe money. No matter how bad the other party's attitude is, you cannot change the outcome of non-repayment.

Generally, the time between the phone notification and the receipt of the subpoena is not too long. Please be mentally prepared for a lawsuit and enforcement.

What should I do if the bank that owes money on a credit card has sent a police report notice?

Cardholders who receive a credit card criminal report warning letter from the bank should pay back the credit card debt as soon as possible, otherwise The bank reported the case to the public security organ for credit card crimes and held the cardholder criminally responsible. In this case, the cardholder should repay the debt as soon as possible. If he is indeed unable to repay, he should communicate with the bank and request a grace period for repayment and an appropriate reduction of late payment fees.

According to Article 196 of the Criminal Law, the crime of credit card refers to the act of using credit cards to carry out activities and defraud large amounts of property for the purpose of illegal possession, in violation of credit card management regulations.

Using credit cards generally refers to the use of counterfeit or invalid credit cards, or the fraudulent use of other people’s credit cards or malicious overdrafts. Credit card crime is a type of crime, and the relationship between the crime and the crime is the special law and the general law. In this crime, the credit card is a criminal tool, not a crime object.

Extended information:

Constitutive elements

The constitutive elements of the credit card crime are as follows:

1. The object of this crime is credit card management Institutions and public and private property ownership.

2. The objective aspect of this crime is that the perpetrator fabricates facts or conceals the truth and uses credit cards to defraud public and private property.

3. The subject of this crime is a general subject, and natural persons can become the criminal subject of this crime.

4. The subjective aspect of this crime is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that among the various acts of credit card crimes, the perpetrators have different behaviors and their criminal intentions also have their own specific content.

For example, if a counterfeit credit card or a canceled credit card is used to commit a crime, the perpetrator must subjectively know that it is a counterfeit or invalid credit card, otherwise, this crime cannot be committed. In the case of credit card overdrafts, the distinction between bona fide overdrafts and malicious overdrafts should also be analyzed from the intentional content of the perpetrator. If the perpetrator has the intention to illegally possess other people's property, it is a malicious overdraft, and vice versa, it is a bona fide overdraft.

Reference: Baidu Encyclopedia - Credit Card Crimes

What to do if the bank calls the police if the credit card is not paid?

After the bank calls the police but the credit card is not paid, the debtor should Actively cooperate with police investigations and repay debts in a timely manner. Refusal to repay after collection is an act of malicious overdraft, and malicious overdraft is subject to criminal liability.

According to Article 9 of the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing the Management of Credit Cards", the amount of malicious overdraft refers to the actual overdraft principal amount that has not been repaid when the criminal case is filed by the public security organ, excluding Interest, compound interest, late fees, handling fees and other fees charged by the card issuing bank. The amount returned or paid shall be deemed as the return of the actual overdraft principal.

When examining and prosecuting, the procuratorial organ shall, based on the transaction details, classified bills (overdraft bills, repayment bills) and other evidence provided by the card-issuing bank, combined with the evidence of the criminal suspect, defendant and their defenders. Submit excuses, defense opinions and relevant evidence materials, and review and determine the amount of malicious overdraft;

If the amount of malicious overdraft is difficult to determine, it shall be reviewed and determined based on the accounting and audit reports, combined with other evidence materials. During the trial process, the people should determine the amount of malicious overdraft on the basis of verifying the authenticity of the above-mentioned evidence materials. Relevant evidence materials provided by the card-issuing bank should have the signature of bank staff and the official seal of the bank.

Extended information:

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, credit card activities shall be punished 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 circumstances are particularly serious or there are other particularly serious circumstances, the sentence shall be not less than 10 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 counterfeit credit card, or using another Using false identity certificates to fraudulently obtain credit cards;

(2) Using invalid credit cards;

(3) Pretending to use other people’s credit cards;

( 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.

Baidu Encyclopedia - Several issues regarding the specific application of laws in criminal cases that impede credit card management

That’s it for the introduction to bank reporting of credit card debts.