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What to do if a person dies with credit card debt

1. What to do if a person dies with credit card debt

When the credit card holder dies, if the card holder has an inheritance, the bank can pay it to his heirs Recovery; if there is no inheritance, the debt dies naturally and the bank cannot recover it from his heirs.

1. The cardholder has inheritance

Credit card debt is also part of the personal estate. Generally, the debt is paid off first, and then the remaining estate is distributed. The credit card debt is a debt of the cardholder, so the remaining balance must be paid back before it can be distributed as an inheritance.

2. The cardholder has no inheritance

If the cardholder’s card consumption occurs during marriage, and the creditor pays for the debts borne by one spouse in the individual name during the marriage, The debts should be treated as joint debts of husband and wife. Therefore, if the cardholder has no other personal property, the other spouse should still continue to repay.

2. How long does it take for a credit card to be overdue to be sued?

A credit card that is overdue for more than 90 days meets the conditions for credit card fraud, and the bank can sue the cardholder in court. Banks and cardholders are equal civil subjects. An individual establishes a contractual relationship with the bank by applying for a credit card from the bank. If the cardholder fails to repay the overdraft overdue, he shall be liable for breach of contract. You should repay as soon as possible after bank collection, otherwise you will incur late fees, penalty interest and other additional expenses due to delayed repayment.

If a credit card holder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still fails to return the money after being called upon by the card-issuing bank, it is considered a malicious overdraft. If the amount exceeds 5,000 yuan, it constitutes Credit card fraud.

Overdue credit records will be automatically deleted 5 years after the party repays the loan. According to relevant regulations, the maximum period of retention of overdue credit records is 5 years, starting from the date the party repays the debt.

3. What are the solutions to overdue credit cards

1. As a credit card holder, once you are unable to repay the loan on time due to unemployment, illness or other accidents, in the end Before the repayment period arrives, cardholders are advised to proactively call the bank's credit card center to state their financial situation, affirm that they do not owe money maliciously, and apply for delayed repayment and interest discounts.

2. In view of the cardholder’s active performance and previous good credit record, the bank will often agree to defer the repayment, and work with the cardholder to agree on a mutually acceptable repayment plan, delay period, and interest discount , monthly repayment amount, etc. In this way, if you proactively contact the bank and get the bank's consent to defer the repayment, you will not be recorded as a bad record. However, it should be noted that you will be guaranteed to repay as agreed in the future.

3. If you forget to repay due to negligence, you must repay as soon as possible after it is overdue, preferably in full. Then call the bank's credit card center and state that the debt is not malicious. If the record has been good in the past and the overdue time is short, and it is found that the repayment is good after the overdue period, it may not be recorded as a bad record. Don't be careless in the future. Be sure to pay attention to the bank's bill notifications and collection information to avoid overdue payments.

After the credit card holder dies, his estate must be used to repay the debt. Credit cards that are overdue for more than 90 days are considered credit card fraud, and the cardholder needs to be held legally responsible. Overdue credit cards are civil disputes, and disputes can be resolved through civil methods. The cardholder must negotiate with the bank that issued the card and apply for an extension of repayment or apply for installment repayment.