What if the credit card is overdrawn? What will happen if it doesn't happen? Credit card overdraft, as long as the repayment within the prescribed time limit is a goodwill overdraft, will not be sentenced. But if you don't pay it back, it is a malicious overdraft and you will be sentenced.
First, overdrawn credit cards should be paid off in time.
There is a charge for credit card overdraft. Cardholders charge "overrun fees", and banks charge "overrun fees" in different proportions. Some regulations are as follows: 5% should be paid for the excess; Although the "overrun fee" of some banks is 5%, the minimum amount is 5 yuan RMB or US$ 65,438+0. Some banks also stipulate that the excess will be paid off in one lump sum.
In addition, most banks also stipulate that cardholders cannot enjoy interest-free concessions if they overdraw. That is to say, if the repayment is made within the time stipulated by the bank, you don't have to pay the credit card overdraft interest, but you can't enjoy this discount for the excess overdraft, and you must pay five ten thousandths of the daily interest.
Second, what will happen if you overdraw your credit card?
Overdrawing a credit card will not be suspected of committing a crime. The sentencing should be determined according to the specific circumstances, whether the parties constitute a crime, and the factors such as criminal motivation, subjective malignancy, recidivism, surrender, meritorious service, whether there is a lighter or mitigated punishment, and the attitude of the parties to plead guilty.
Failure to repay an overdraft credit card may lead to malicious overdraft and become a credit card crime. Once the overdraft amount is too large, it will be more unfavorable for the cardholder to delay for too long.
Tips: When enjoying the benefits of interest-free repayment of credit card overdraft, friends should remember not to exceed the credit limit approved by the bank (i.e. overdraft limit), otherwise the excess part will not enjoy interest-free repayment, thus paying unexpected overdraft interest. Once the overdraft limit is too large, it will be suspected of credit card crime, and the loss will outweigh the gain!
What should I do if my credit card is overdrawn by my friend? Here are two solutions!
As we all know, credit cards must be repaid after overdraft consumption, otherwise it may have a series of serious consequences, which will definitely affect credit and even punish you. But many cardholders' credit cards have been overdrawn by their friends. If a friend doesn't return it, the vacant one will have to pay for it himself, otherwise the consequences will be borne by himself, which is very humbled.
So, what should we do in this case?
Under normal circumstances, how to solve the problem of friends' credit card overdraft consumption depends on the specific situation.
1. The credit card was stolen by a friend:
In this case, it is suggested not to consider brotherhood, because the person who can steal your credit card does not regard you as a real friend at all, and his practice has been suspected of credit card crime. If he can repay the loan, we might as well consider letting him go. If he doesn't repay, he is advised to call the police in time. What awaits him will be legal sanctions.
2. Lend a credit card to a friend:
In this case, because your friend used the credit card with your consent, of course, if the other party didn't intentionally repay, but was really unable to repay, in this case, you can pay off the credit card debt first, and then let your friend pay you directly; And if a friend has the ability to repay, but deliberately does not repay, then you can ask for repayment.
However, in either case, it must be repaid in time before the final repayment date, otherwise the credit card will not be returned and the bank will hold the cardholder accountable.
If your friend doesn't pay back, and you don't pay back, then overdue will affect the credit of the cardholder. If the overdue time exceeds 3 months, and the amount owed exceeds 50,000 after effective collection by the bank twice, the cardholder may be punished by the bank.
To avoid this situation, cardholders should take good care of their credit cards. If a friend borrows a card to overdraw, don't agree easily. Lend him money directly if you can, and then agree on the repayment date. If you can, let him write an iou. If your friend doesn't pay back, you can pay back directly without worrying about affecting your credit.
What should I do if my credit card is maliciously overdrawn?
If the credit card is overdue, you need to pay attention to avoid criminal responsibility.
After the credit card is overdue, we should pay special attention to the risk of criminal responsibility to avoid constituting a credit card crime.
Article 196 of the Criminal Law provides as follows:
Malicious overdraft and credit card activities, involving a relatively large amount, 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; 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.
In order to avoid credit card crimes, we need to know clearly how much and how long it will be considered as malicious overdraft.
Combined with the judicial interpretation of the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, this paper analyzes three issues in detail.
1. How much will it be considered as malicious overdraft?
Article 8 of the judicial interpretation stipulates that if the amount of malicious overdraft is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law;
Article 9 of the judicial interpretation stipulates that the amount of malicious overdraft refers to the actual overdraft principal amount that has not been returned when the public security organ files a criminal case, excluding interest, compound interest, late fees, handling fees and other fees charged by the issuing bank. The amount returned or paid shall be regarded as the return of the actual overdraft principal.
Combined with judicial interpretation, in short, a malicious overdraft of a credit card with an amount exceeding 50,000 yuan is suspected of a criminal offence.
2. How long will overdue be considered as malicious overdraft?
Article 6 of the judicial interpretation stipulates that if the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and the card-issuing bank effectively collects it twice and fails to return it for more than three months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
Article 7 of the judicial interpretation stipulates that "effective collection" requires an interval of at least 30 days between two collections.
So simply calculate, after the credit card is overdue, the interval between two collections needs 30 days, plus it takes three months after the collection, so this cycle needs at least four months.
Simply put, returning a credit card within 4 months after it is overdue will not be considered as a malicious overdraft. If it is not returned for more than three months after two collections, it can be considered as malicious overdraft.
3. The bank really reported the case. what can I do?
Article 10 of the judicial interpretation stipulates that if the amount of malicious overdraft is large and it has been fully returned before the public prosecution is initiated, or there are other minor circumstances, it may not be returned; If all of them are returned before the judgment of first instance or there are other minor circumstances, they may be exempted from criminal punishment. However, except for those who have been punished for credit card for more than two times.
Simply put, it means that the bank will return it as soon as possible after reporting the case, and there is no need or exemption from criminal punishment.
What if the credit card is overdrawn?
If the credit card is overdrawn, the customer only needs to make sure to repay on time before the repayment date (inclusive) after the sunrise bill is repaid. In this way, there won't be much problem. In fact, many banks provide credit card customers with a certain limit. If the credit limit of the credit card is used up, they can also use part of it (the excess amount is generally between 0.5 and 10).
Of course, it is not recommended that customers always empty and maxed out their credit cards, which will not be conducive to increasing the card amount. Moreover, if you spend too much on credit cards, the repayment burden will be heavy. If you exceed your repayment ability and fail to repay on time within the prescribed repayment period, it will also cause overdue, resulting in personal credit damage, and I am afraid that the card will be restricted.
If you feel that the credit card limit is not enough, you can actually apply to the bank for a temporary limit or increase the fixed limit. Usually, customers pay attention to the good use of cards and accumulate good credit. If the bank is not sure, it will take the initiative to increase the customer's card amount.
If you borrow money, it is convenient and easy to borrow money from the platform. Du Xiaoman's credit service products have money to spend, providing users with safe, convenient, unsecured and unsecured credit services. If you borrow money, you can go to Xiaoman APP (official measurement below). The daily interest rate of money consumption loan is as low as 0.02%, the annualized interest rate is as low as 7.2%, and the maximum loan is 200,000! It has the characteristics of simple application, low interest rate, fast loan, flexible loan repayment, transparent interest and expenses, and strong security.