Legal Subjectivity:

When we see a piece of clothing we particularly like, when we urgently need funds to power our company’s monetary operations, credit cards bring us a little bit of life The small happiness in life makes our life more convenient.

1. What are the consequences if your credit card is overdue?

1. Pay the overdue credit card fee. When the cardholder fails to repay before the due payment date (inclusive) or the repayment amount is less than the minimum repayment amount, he must pay the agreed late payment fee to the card-issuing bank in accordance with the contract.

2. Overdue interest will be incurred. After users use a credit card to overdraft, they generally have an interest-free repayment period ranging from more than 20 days to more than 50 days. If this period is exceeded, corresponding overdue interest must be paid.

3. Affect personal credit. Overdue credit card repayment records will enter the central bank's credit reporting system to generate bad credit records. Bad credit reporting will not only affect future home loans and car loans, but also affect travel, employment, etc.

4. Criminal liability. If the crime of credit card fraud is constituted, the person will face a fixed-term imprisonment of not more than 5 years, not less than 5 years, not more than 10 years, not less than 10 years, or life imprisonment, and a fine of not less than 20,000 yuan but not more than 200,000 yuan, and not less than 50,000 yuan but not more than 500,000 yuan, or confiscation. property.

2. Will you be imprisoned if your credit card is overdue?

If it is a malicious overdraft of a credit card, you may be imprisoned if the amount is large. So what is a "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 prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after two effective collections. Behavior.

If the amount is between 50,000 yuan and less than 500,000 yuan, 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 a “huge amount”; If the amount exceeds RMB 5 million, it shall be deemed as “extremely huge amount”.

That is to say, if you owe more than 50,000 yuan on a credit card, and after two effective collections by the card-issuing bank, you still fail to pay it back for more than three months, you will be held criminally responsible according to law.

3. What to do if your credit card is overdue

1. Quick remedy for overdue credit cards

If you encounter an overdue credit card, you should immediately call the bank service number to explain that the debt is not malicious. , pay the arrears in a timely manner.

Under normal circumstances, banks will have a grace period of 3 days. Once a cardholder finds that his credit card is overdue, he must deal with it immediately to avoid leaving a bad record.

2. How to deal with bad records

If you have left bad records in the bank, do not rush to cancel the card after paying the outstanding balance and explaining the situation. Once the card is cancelled, It will no longer be possible to update personal credit records, and the bad records will always be recorded in the bank, causing serious consequences.

The correct approach is to continue to use this credit card and maintain a good credit record for at least 2 years. It will basically not have any impact on personal mortgages, loans, credit card applications and other businesses. At present, the retention period of credit records in my country is 5 years.

In actual use, don’t hold out hope that overdue credit cards will be remedied or bad records will be eliminated, but you should use your cards rationally. Developing good credit card and repayment habits, timely repayment, and not overdue are the basis for ensuring a good credit record.

The law is objective:

Article 196 of the "Criminal Law" Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined 20,000 yuan A fine of not less than 200,000 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 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 , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) ) Using an expired credit card; (3) Pretending to use another person’s credit card; (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. Whoever commits theft and uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of this Law.