If the credit card is overdue for three months or has not been repaid after two reminders from the bank, the bank shall be the party concerned. The general credit card arrears process is as follows:
1. First of all, the bank will file a civil lawsuit against the party who still fails to repay the money after repeated reminders;
2. In civil cases, the summary procedure is three months and the ordinary procedure is six months.
3, after the civil judgment, if the parties still do not return. The case can be transferred to the public security organ for investigation and formally established as a criminal case.
4. After the investigation, the public security organ transferred the case to the procuratorate for public prosecution, accusing the parties of malicious overdraft, which constituted a credit card crime.
legal ground
Article 196th of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which constitutes a credit card crime. If the amount of credit card activities is relatively large, he 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. 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. 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.
What is the whole process from overdue loss reporting of credit cards to filing a case?
The whole process from overdue loss reporting of credit cards to filing is as follows: 1. First, the bank will file a civil lawsuit against the party who still fails to repay the money after repeated dunning; 2, civil cases if the summary procedure is applied for three months, the ordinary procedure for six months; 3, after the civil judgment, if the parties still do not return. The case can be transferred to the public security organ for investigation and formally established as a criminal case; 4. After the investigation, the public security organ transferred the case to the procuratorate for public prosecution, accusing the parties of malicious overdraft, which constituted a credit card crime.
Criminal law of the people's Republic of China
Article 196
Under any of the following circumstances, those who engage in credit card activities with 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; 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft. 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. 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.
Credit card filing process
The process of handling credit cards is as follows: 1. Written report materials, and the unit report should be stamped with the official seal; 2, the victim, the case handler and other parties truthfully stated the written materials of the incident; 3. The registered information of the criminal suspect when opening the card or the information of the credit card user who was stolen or fraudulently used; 4. Bank statements, bank collection notices and other evidence of the defrauded money.
I. Credit card filing process
1, the credit card filing procedure is as follows:
(1) written report materials, which shall be stamped with the official seal of the unit;
(two) the written materials of the victim, the agent and other parties truthfully stating the incident;
(3) The registered information of the criminal suspect when opening an account with a card, or the information of the credit card user who was stolen or fraudulently used;
(4) Bank statement and bank collection notice voucher of the defrauded money;
(5) If the amount owed reaches 50,000 yuan, and it is still overdue for more than 3 months after being collected by the bank twice, it constitutes a credit card crime and should bear criminal responsibility. It usually takes about four months for the public security organ to file a case for a credit card before the procuratorate can initiate a public prosecution.
2. Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC).
If one of the following circumstances constitutes a credit card crime, and the amount is relatively large, it 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
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.
Second, the filing criteria.
The criteria for filing a case are as follows:
1, public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or fined or confiscated of property;
4, public and private property value of three thousand yuan to ten thousand yuan, thirty thousand yuan to one hundred thousand yuan, more than five hundred thousand yuan, should be recognized as a huge amount, the amount is particularly huge.
What are the legal procedures for handling credit cards? You will know after reading it!
Although credit card has brought great convenience to our life, it has also caused many people to commit crimes because of credit card. Once it is identified as a credit card crime, the public security law will file a case, and once the case is established, the cardholder will be investigated for criminal responsibility. Of course, the public security organs should also go through legal procedures. The following is an introduction to the relevant processes.
Under normal circumstances, credit card cases are filed because of credit card crimes. Credit card crimes refer to acts that are not returned for more than three months after being effectively collected by banks for the purpose of illegal possession. Generally, the bank reports the case to the public security law or, it is also possible that the cardholder surrenders himself. No matter what kind of case is filed, the following legal procedures must be followed.
I. Acceptance of filing materials
After repeated unsuccessful collection, the bank can report the case to the public security organ, or the cardholder voluntarily surrenders to the public security organ, and then the public security organ requires the parties to truthfully state the incident and make a record, read it out or submit it to me for reading, and then let them sign or seal it. It is also necessary to provide stamped written report materials, the registration information of the suspect when opening a card account, or the bank bill and bank collection notice certificate of the stolen or cheated credit card user information.
Two, explain the legal responsibility of false accusation and frame-up to the accuser and the prosecutor.
Filing a case is seeking truth from facts, being loyal to facts, and being loyal to the law, but it cannot be falsely accused. False accusations should also be investigated for legal responsibility. These staff who accept complaints and reports must make it clear in advance.
Three. Review of filing materials
The public security organs need to check and investigate the materials they accept, mainly to examine whether the events that have happened belong to credit card cases. If it is a crime, it depends on whether criminal responsibility should be investigated. Generally, the facts related to the crime are understood mainly by reviewing evidence or evidence clues, so as to decide whether to file a case.
Four, the handling of filing materials
Here is divided into filing and not filing. If filing a case requires the bank or cardholder to fill in the filing report form, then make a filing request report and submit it to the person in charge of the organ or department for approval before making a decision on filing a case. Finally, the person in charge of examination and approval shall sign or seal it; If the case is not filed, the staff will make a notice of not filing the case.
What is the filing process for overdue credit cards?
If the credit card is overdue for three months or has not been repaid after two reminders from the bank, the bank shall be the party concerned. The general credit card arrears process is as follows:
1. First of all, the bank will file a civil lawsuit against the party who still fails to repay the money after repeated reminders;
2. In civil cases, the summary procedure is three months and the ordinary procedure is six months.
3, after the civil judgment, if the parties still do not return. The case can be transferred to the public security organ for investigation and formally established as a criminal case.
4. After the investigation, the public security organ transferred the case to the procuratorate for public prosecution, accusing the parties of malicious overdraft, which constituted a credit card crime.
According to Article 196 of China's Criminal Law and relevant judicial interpretations, if a credit card holder 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, it is a malicious overdraft. If the amount is more than 1 10,000 yuan, it constitutes a credit card crime.
To sum up, using credit cards should also be rational, and don't consume your own credit. Malicious overdraft may constitute a crime if the circumstances are serious.
Extended data
Within one month of overdue, the bank will generally inform you by SMS or telephone, otherwise your personal credit will be affected. If it is overdue for more than three months, the collection will try its best to make you repay, which will also have a great impact on your daily life. The bank will probably go to court, and then you will face the bank.
After the credit card is overdue, the bank reports the case, indicating that the bank has been completely disappointed with you, otherwise the cardholder will have a hard time. The so-called filing is that the public security and judicial organs accept the bank report and file an investigation, mainly to verify whether the case is true or not.