1. What to do with your credit card after being detained for several months
If your credit card is overdue in criminal detention, you can entrust relatives, friends, etc. to complete the repayment, and you also need to pay Overdue liquidated damages. If you are under criminal detention and do not pay back your credit card debt, you will be sued by the bank for repayment.
The handling methods after the expiration date are as follows:
1. If a bank files a civil lawsuit in the court, the court should decide whether to accept it within 7 days from the date of receiving the litigation materials.
2. If the amount of arrears reaches 10,000 yuan and is not returned for more than 3 months after two collections by the bank, it shall constitute a crime of credit card fraud and shall bear criminal liability. After the public security organ files a case for investigation, it usually takes about four months before the procuratorate files a public prosecution in the court.
3. If the client is under criminal detention and fails to repay the credit card balance, he will be sued by the bank and brought to court.
2. What are the consequences of overdue credit card repayment?
1. Bearing high penalty interest After a credit card defaults, the penalty interest fees usually involved are recurring interest fees and late payment fees. Revolving credit is essentially a small, unsecured loan that accrues interest on a daily basis. If the full amount is not repaid on the final payment date, revolving credit interest will accrue on the next statement, and the interest will be charged from the date the consumption is recorded. Calculate interest.
2. Causing legal disputes. Violent credit card collection has become a hot topic. Many bank credit card centers outsource credit card repayment collection to some so-called "debt collection companies." Customers are in great trouble.
3. Leave a “credit stain” in the national credit reporting system.
3. What are the standards for filing a case for credit card fraud?
Anyone who commits credit card fraud and is suspected of one of the following circumstances should be filed for prosecution:
(1) )Use a forged credit card, or use a credit card fraudulently obtained with false identification, or use an invalid credit card, or falsely use another person's credit card to conduct fraudulent activities, with the amount exceeding 5,000 yuan;
1 , The amount is relatively large: more than 5,000 yuan but less than 50,000 yuan
2. The amount is huge: more than 50,000 yuan but less than 500,000 yuan
3. The amount is particularly huge: More than 500,000 yuan
(2) Malicious overdraft.
"Malicious overdraft" means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and fails to return the card for more than three months after two effective collections by the card-issuing bank.
The amount of malicious overdraft refers to the actual overdraft principal amount that has not been repaid when the public security organ files a criminal case, excluding interest, compound interest, late payment fees, handling fees and other fees charged by the card-issuing bank. The amount returned or paid shall be deemed as the return of the actual overdraft principal.
If the amount of malicious overdraft is relatively large and the amount is fully returned before the prosecution is initiated or there are other minor circumstances, prosecution is not required; if the amount is fully returned before the first instance judgment or there are other minor circumstances, criminal punishment may be waived . However, those who have been punished more than twice for credit card fraud are excluded.
Credit card overdrafts must be repaid on time. If the cardholder is detained and cannot handle the repayment in person, he or she can entrust relatives and friends to help with the repayment. If the cardholder is not handled in time and exceeds the limited repayment time, , personal credit will also leave a bad overdue record, and you will also need to pay high penalty interest and liquidated damages, which increases your financial burden.