How long does it take for an overdue credit card to constitute a criminal case?

Credit cards are widely used in real life, and late repayments often occur. What many people don’t know is that an overdue credit card can also be a crime.

So, under what circumstances does an overdue credit card constitute a crime? How long will it take before it will be considered a criminal case? Let’s hear what professionals have to say.

“Credit cards have facilitated people’s lives and enriched payment methods. However, many young people are influenced by ideas such as ‘spending tomorrow’s money today’ and ‘consumption in advance, enjoying in advance’. Whether they really do or not If you have the ability to repay, you must first use it. Some people are lucky and feel that the bank can't find them when facing a bank demand. Some even think that even if the credit card is overdue, it is just a civil dispute and a crime. It has nothing to do with it. Driven by many psychological factors, cardholders have accumulated excessive debts and even committed crimes. Nan Xinjian, a lawyer at Shaanxi Gaoxue Law Firm, said that in fact, credit card overdrafts may not be possible. It constitutes the crime of credit card fraud, but the following prerequisites are met: malicious overdraft of a credit card; large amount; valid collection.

Article 196 of the "Criminal Law" stipulates that if a credit card is maliciously overdrafted, the amount is relatively large. Whoever commits a crime 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; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined 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, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have his property confiscated.

Then, What is "malicious overdraft"? How is the specific amount defined?

According to the law, "malicious overdraft" refers to the cardholder's overdraft exceeding the prescribed limit or period for the purpose of illegal possession. If the bank has made two effective collections and has not returned the debt for more than three months, it shall be deemed as a "large amount"; if the amount is between 500,000 yuan and less than 5 million yuan, it shall be deemed as "large amount". Determined as "huge amount"; if the amount is more than 5 million yuan, it should be deemed as "extremely huge amount". That is to say, the credit card debt is more than 50,000 yuan, which has been effectively collected by the card issuer for more than three months. If the amount is not returned, criminal liability may be pursued in accordance with the law. It can be seen that if the minimum amount of credit card fraud is less than 50,000 yuan, even if there is an illegal possession purpose, it will only be a civil case and will not be treated as a crime.

It should be noted that the amount of malicious overdraft stipulated by law 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 payment fees, handling fees, etc. charged by the card issuing bank. Fees. Otherwise, the returned amount will be regarded as the return of the actual overdraft principal.

In addition, there is another condition for the crime of credit card fraud: there must be effective collection by the financial institution according to the law. Collection will only be valid if the following conditions apply: (1) After the overdraft exceeds the prescribed limit or period; (2) The payment must be collected in a way that can confirm the cardholder's receipt, except where the cardholder intentionally avoids collection; (3) Twice The collection interval must be at least 30 days; (4) Compliance with relevant collection regulations or agreements

Whether it is a valid collection shall be based on the telephone recording, information delivery record, letter delivery receipt, and electronic mail provided by the card issuer. The original evidence of collection such as mail delivery records, signatures of cardholders or their family members, etc. will be used for judgment.

The law also stipulates that penalties can be reduced or exempted if certain conditions are met: if the amount of malicious overdraft is relatively large, it can be returned in full before prosecution, or there are other related questions and answers: Related questions and answers: How long will it take to be fined if you do not pay back your credit card? Considered overdue? I entered the credit reporting system after being overdue. When can this record be cancelled?

Speaking of overdue credit cards, everyone may think it is scary, but not all overdue credit cards will be reported to the credit bureau. Currently, many banks have time tolerance services. Even if the time tolerance service is exceeded, some banks will It may not be necessary to file a credit report right away.

How long will it take for a credit report to be filed after a credit card is overdue?

The specific circumstances of this score, different banks, different amounts, and different times have different effects on credit reporting.

Let’s first take a look at the time tolerances of major banks:

Currently, the tolerances of most banks are within 10 yuan, and some banks are more liberal and do not allow tolerances of less than 30 yuan. Yes, this tolerance means that a certain difference is allowed in the monthly repayment. As long as the unpaid part is less than this tolerance amount, it is equivalent to full repayment, and this tolerance is mainly based on the minimum repayment amount. explain.

For example, the total monthly repayment of China Merchants Bank is 5,100 yuan, and the minimum repayment amount is 510 yuan, but you only repaid 500 yuan that month, and the minimum repayment amount is 10 yuan, then China Merchants Bank will treat it as Even if you have already paid the minimum repayment amount of 510 yuan, your bad credit report will not be uploaded to the central bank's credit report system, and the unpaid tolerance amount will be included in the next bill.

However, there are currently some banks that do not have tolerance services. For example, the Arrogant Universe Bank and ICBC do not have tolerance services. Even if your minimum repayment amount is one yuan less, it will be uploaded to the central bank's credit reporting system. .

In addition to the tolerance service, there is also a time-tolerance service.

The so-called time-limited service means that you have a certain grace period after the due date of your credit card repayment. Within this grace period, as long as you repay the credit card, it will not be considered overdue.

At present, the grace period of most bank credit cards is within three days. That is to say, within three days after the credit card repayment date expires, as long as you repay normally, it will not be uploaded. Go to the central bank’s credit reporting system.

For example, if your CITIC Bank repayment date is the 1st of each month, and you have to repay 6,000 yuan on December 1st, but you forget to repay it on December 1st, then as long as you pay it back in December If you pay back the amount of more than 590 yuan before 20:00 on the 3rd (the credit time is based on the time when the bank receives the money), then CITIC Bank will not upload your bad records to the central bank's credit reporting system.

However, there are currently some banks that also do not have timely services, including the proud ICBC.

After seeing this, everyone may have questions again. At present, the bank’s time service is within three days. Does that mean that after more than three days, the bad records will be uploaded? How about going to the central bank’s credit reporting system?

This is not necessarily true. In some banks, even if you exceed the grace period, as long as you pay off the money before the next statement date, it will not be uploaded to the central bank's credit reporting system. Some banks The bank will take a week. For example, Shanghai Pudong Development Bank, Guangfa Bank, Hua Xia Bank, Ping An Bank, etc., as long as you pay off the minimum repayment amount before the next statement date, there will be no bad record, provided that you take the initiative to call the bank customer service to apply.

How does each bank specifically stipulate that you can call the bank? If the three-day grace period exceeds, as long as you can repay the loan normally in the short term and communicate well with the bank’s customer service, most banks will not Easily upload your bad credit report to the central bank’s credit report system.

Let’s take a look at how long it will take for the bad credit report to be eliminated?

At present, the central bank stipulates that personal credit information can be retained for a maximum of five years, but the starting point of this five-year period is calculated from the day you pay off all outstanding debts. If your credit card is overdue and has not repaid, then you The bad credit report will always exist.

If you have to pay back 8,000 yuan on December 5, 2018, but you keep delaying the repayment until December 5, 2020, then your bad credit report The retention time will start from December 6, 2020, and will not be eliminated until December 5, 2025.

If the money is not repaid, there is no five-year period, and your bad credit report will still exist even in 2050.