The person has passed away, do I still have to pay off my credit card balance?
After a person dies, the credit card still has to be repaid, because everyone's debt will not disappear because of the individual's death. The creditor has the right to continue to collect the remaining arrears from the credit card user after the person dies.
When a person dies, the credit card center will inquire and find out if there is any inheritance in the person's name, then the inheritance can be used to repay the credit card debt. The credit card center will dispose of the inheritance and take back the credit card. of arrears. According to the financial institution's agreement on overdue loans, as long as the assets are in the name of the debtor, they can be used to repay the relevant debts. No matter what happens to the debtor, the assets in the name can be used to repay the debts. .
1. Ask relatives to repay. If the cardholder’s bank card deposit in the bank is not enough to repay the debt, or the cardholder does not apply for a bank card in the bank, what will the bank do? Then, The bank has the right to let the cardholder's relatives repay the debt. Of course, this also requires a prerequisite, that is, the children must be adults, have a source of income, and live with the cardholder ***. At the same time, when the debt exceeds the family expenses, the bank has no right to require the family to repay it.
2. Require the heirs to repay. After the cardholder dies, if there is any inheritance left to the heirs, such as houses, cars, deposits and equity, etc., then the bank can within the scope of the heirs’ inheritance rights and interests. Within, debt repayment is carried out. However, if it exceeds the scope of the heir's inheritance, the bank has no right to require the heir to repay.
If the cardholder has no heirs, no direct relatives, and no property that can be auctioned or deducted, then for the bank, the debt is a real bad debt and can only be paid in One year later, the debt is written off.
Of course, the premise is that the bank, after investigation, determines that the cardholder does not have any property in his name and has not intentionally transferred or even hidden property. Otherwise, the above points will still be implemented.
What should I do if the credit card holder dies?
After the card holder dies, if there is any debt on the credit card, the immediate family members should be responsible for repaying it. If the card holder had property during his lifetime, , to be repaid by his estate, or, if there is any inheritance, by the heirs of the estate.
1. If the cardholder dies due to an accident, such as a car accident or a doctor's medical malpractice. Then you may get a compensation payment. If the family cooperates, the bank may recover the arrears. If they do not cooperate, the bank may at most pay. If the debt is greater than the legal fees, it is possible. If the debt is less than 500, it is basically considered a bad debt.
2. If the cardholder had property during his lifetime, a sum of money may be kept at home, or may be stored in a bank other than the issuing bank of the cardholder's credit card, then the bank has the principle of keeping depositors confidential. How does the collection agency define his property during his lifetime?
3. If the immediate family member does not have the capacity for civil conduct or the ability to repay the loan, the bank will look at whether there is any property or inheritance. If there is no property or inheritance, the bank will consider it a bad debt.
4. Identification of heritage. Apart from bank deposits, things are houses. First of all, private houses cannot be bought or sold. So, if the area of ??commercial housing is less than 65 square meters, if the bank arrives, the judgment will not be executed.
Article 70 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Under special circumstances, if it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the card will be issued The bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum period of a personalized installment agreement shall not exceed 5 years.
The content of the personalized installment repayment agreement should at least include:
(1) Arrears balance, structure, currency;
(2) Repayment cycle, method, currency, Date and repayment amount in each installment;
(3) Whether annual fees, interest and other fees will be charged during the repayment period;
(4) Cardholders will pay in personalized installments A commitment not to apply for a credit card from any bank before the relevant amounts in the loan agreement are fully settled;
(5) Rights, obligations and liability for breach of contract of both parties;
(6) Repayment Other matters related to payment.
How to cancel a credit card after death
After the death of the credit card holder, if you want to cancel the account and cancel all the credit cards in the name of the card holder, you can do so by the card holder. The person's relatives should handle it.
1. Relatives of the cardholder can call the customer service hotline of the card-issuing bank, transfer to manual service, and apply to the customer service staff for account cancellation. First report the cardholder's identity information to the customer service staff, and then submit an account cancellation application. After verifying that the cardholder's identity information is correct, customer service staff will help cancel the account.
2. Relatives of the cardholder can bring the cardholder’s death certificate and credit card to the counter of the issuing bank’s business outlet to apply for account cancellation. After receiving the application form, fill it out, and then hand the completed form, death certificate, and card to the staff, who will help with the account cancellation procedures.
Extended information:
If there is an unpaid bill balance or excess overpayment in the credit card, there is no way to write it off. You must pay the card bill balance. The account must be paid off and the overpayment withdrawn before the account can be closed.
Telephone account cancellation
Telephone account cancellation refers to the business of terminating the product subscription agreement with the telecom operator after the user has settled the fees. There are two situations: active account cancellation and passive account cancellation.
Phone users who fail to register with their real names will be suspended or their accounts will be cancelled. From the date of shutdown, the mobile phone card will be canceled after 90 days, which is three months. In other words, if users do not register their real names within three months after the shutdown, their numbers will be automatically deregistered.
1. Active account cancellation
Definition: Active account cancellation means that the user actively gives up the right to use the number and cancels the number used.
1. Business Rules
(1) When postpaid customers handle account cancellation, they should provide valid identity documents (if they entrust others to handle the process, the agent should submit valid ID documents for both the entrusting party and himself/herself at the same time. Original ID card; for corporate customers, the company’s valid ID and personal valid ID must be presented).
(2) Account cancellation for users from other places is not allowed. If you are unable to handle it yourself, you can entrust someone else to handle it on your behalf, but you need to bring the original ID cards of both the entruster and the entrusted person. If the account is not canceled and the number is in arrears and then shut down, the number holder will be blacklisted by the local business office.
(3) In principle, users within the agreement period cannot handle account cancellation.
(4) Users must settle the overdue and current arrears of all user numbers under the same customer as well as the real-time phone bills of this month for the business number before they can handle the account cancellation business.
2. Passive account cancellation
Definition: Passive account cancellation means that the user passively gives up the right to use the number and passively cancels the number used.
Category: Passive account cancellation is divided into two types: post-paid passive account cancellation and pre-paid passive account cancellation.
1. Business Rules
(1) Postpaid users will be canceled if they are down for 90 days in arrears.
(2) The balance of the prepaid user account is less than or equal to zero or the validity period expires. If the user does not renew the recharge, the account will be canceled after 90 days (60 days for some brands).
2. Handling channels
The self-built business office of the telecom operator in the place where the number belongs
Do I need to repay the credit card after my death
After death, the credit card owed during his lifetime should be handled according to the following situations:
1. If the credit card debt occurred during the marriage and the creditor has evidence to prove that it is a joint debt between husband and wife, His or her spouse shall bear the responsibility for repayment;
2. If the debtor has no spouse, repayment shall be made with the personal estate of the debtor;
3. If the debtor has an estate, his heirs shall Repayment shall be made within the scope of the inherited estate, except where the heirs voluntarily repay.
Legal basis:
Article 33 of the "Succession Law of the People's Republic of China" The inheritance shall pay off the taxes and debts that the deceased should pay according to law, and pay taxes The payment and discharge of debts are limited to the actual value of his estate. This does not apply to the amount that exceeds the actual value of the estate and is voluntarily repaid by the heirs. If the heir abandons the inheritance, he will not be liable for the taxes and debts that the deceased should pay according to law
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China and the People's Republic of China" (2) "Supplementary Provisions" Article 26 If a husband or wife dies, the surviving party shall be jointly and severally liable for the debts incurred during the marriage.
That’s it for the introduction of credit cards after death.