Generally, it is about 3 months overdue. Generally, if the payment is overdue for about 3 months, China Merchants Bank will call your family. When a credit card is overdue, the bank may not necessarily make a collection call. For early overdue behaviors of cardholders, the overdue time is within 7 to -15 days, and collection is mainly done through text messages. If the cardholder is overdue for more than 30 days or for more than one billing period, the bank will call to collect and remind the repayment through phone calls. However, this call is usually made directly to the cardholder, not to the cardholder’s family. . Usually when the cardholder is overdue for more than 30 days, and the bank has failed to collect the payment and cannot contact the cardholder, the bank will call the cardholder's family and ask the family member to inform the cardholder to repay the loan as soon as possible. Some banks will also ask the cardholder to repay the card as soon as possible. The person’s family repays the card holder.
1. Solutions for overdue credit cards:
1. If the cardholder forgets to repay the card and discovers it is overdue, he must repay it as soon as possible, preferably in full. Call the bank's credit card center and declare that the debt is not malicious. If the overdue period is short, the bank may not count the bad record.
2. When a credit card is overdue and unable to repay due to unemployment, illness, etc., the cardholder should proactively contact the bank’s credit card center before the repayment period, explain his or her financial situation, and declare that he or she does not owe money maliciously. Make a payment, apply for deferment of repayment or repayment in installments.
3. If the cardholder takes the initiative to apply for an extension of repayment, the bank will often agree to the extension. The bank and the cardholder will agree on a repayment plan acceptable to both parties. In this way, the bank will not record bad records, but you must repay on time after applying for an extension.
2. Consequences of overdue bank cards
1. Overdue charges include not only a late payment penalty of 5% of the minimum unpaid portion, but also full penalty interest on the bill (5% daily interest, consumption Interest will be calculated on the same day, and interest will be charged monthly until the principal and interest are paid off.) It will also produce a bad credit record in the Credit Reference Center of the People's Bank of China, and it will be difficult to apply for credit cards and bank loans within 5 years.
2. If you are overdue for more than three months or fail to repay more than two bank reminders, the bank will freeze your card and list you as a prohibited customer (blacklist), and you will also be prosecuted. Your credit card fraud and malicious overdraft will be enforced by the court. If you refuse to repay after prosecution and the amount owed exceeds RMB 10,000, the court will impose a sentence based on the crime of credit card fraud, Article 196 of the Criminal Law.
3. The Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing the Management of Credit Cards", calling the bank's two collections of debts not repaid in March a malicious overdraft.
1. In the judicial interpretation, two restrictions were added to "malicious overdraft": first, two collections from the issuing bank; second, failure to return the card for more than three months.
2. Because the credit card fraud crime of "malicious overdraft" is an intentional crime, it subjectively has the purpose of illegal possession, which is a very important component of the behavior.
3. This judicial interpretation clarified the amount of "malicious overdraft". The amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late fees, compound interest and other fees charged by the issuing bank. .
4. According to the criminal policy of balancing leniency with severity, those who repay the overdraft interest before the court has made a judgment or the public security organ has not filed a case will be treated lightly or not be held criminally responsible. In this way, those " The fraudulent behavior of "malicious overdraft" also plays the warning and educational role of the law, minimizing the criminal attack area as much as possible.
4. According to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a criminal act of credit card fraud.
1. Criminal Law Article 266 Whoever defrauds public or private property and 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 solely be fined; if the amount is huge or there are other serious 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 three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated.
2. Article 196 of the Criminal Law stipulates: Malicious overdraft with an amount of more than 10,000 yuan but less than 100,000 yuan shall be deemed as a "relative amount" as stipulated in Article 196 of the Criminal Law. If the amount is more than 100,000 yuan and less than 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; The “amount is particularly huge” as stipulated in Article 6.