If you are detained or imprisoned for a crime and your credit card cannot be repaid, you can entrust others to handle it on your behalf. The debtor's personal freedom is restricted because of suspected crime, and the credit card responsibility cannot be exempted. The bank has the right. It is suggested that the parties should actively communicate with the bank or contact their family and friends to handle it on their behalf, otherwise it may constitute a credit card. According to the first paragraph of Article 196 of the Criminal Law: "Whoever engages in credit card activities in any of the following circumstances, 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 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 second paragraph stipulates: "The malicious overdraft mentioned in the preceding paragraph refers to the behavior of the cardholder who 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. "
What if the credit card expires during detention?
If the deducted credit card is overdue, you can entrust your family and friends to handle it. The debtor can't be exempted from the responsibility of the credit card because the personal freedom is restricted by detention, and the bank still has the right. It is suggested that the parties actively communicate and negotiate with the bank, or contact family and friends to handle it on their behalf, otherwise it may constitute a credit card.
What if I can't return my credit card because of the epidemic?
1. Apply for deferred repayment in advance.
If you really can't repay the mortgage and credit card on time, you can apply for delayed repayment in advance. There are many ways to apply, such as calling customer service or applying on mobile phone.
2. Wait for the bank registration review.
As long as you apply for deferred repayment, the bank and other customer service departments will naturally reflect it upwards. After registration, statistics, review and approval, you can postpone repayment.
3. Keep relevant isolation certificates.
If you are an isolated person, whether in the hospital or at home, you should keep relevant information so that after the epidemic, you can apply to the bank and the repayment will not be affected.
4. There is no practice that income cannot be repaid.
Because of the epidemic, the unit did not return to work, and people without economic income could not change their mortgages and credit cards. You can also apply to the bank first, and you can choose installment repayment and minimum repayment amount. It is best not to be overdue.
5. Will not be included in the credit loss list.
Because of the epidemic, people who only repay their mortgages and credit cards on time, as long as there are sufficient reasons, evidence and procedures, will not be included in the list of dishonesty, and the record of dishonesty will be eliminated.
6. Unable to repay due to special reasons.
Because of the epidemic situation, repayment caused by special circumstances can also be applied after the epidemic. Submit relevant supporting materials, and the bank will also adjust the overdue records.
After the credit card is used, the cardholder will not be required to repay because of criminal acts. Therefore, for those criminal subjects who are detained or detained according to law for violating the criminal law, they need to entrust others to repay their credit cards. If it is overdue, it is also necessary to pay liquidated damages.
What if a person is in prison and his credit card is overdue?
People in prison have expired credit cards and should continue to return them after they get out of prison. Overdue credit card is not a breach of contract, it is civil, not criminal. Its assets will be enforced, and credit card arrears will not have a great impact on personal credit information. Those who can't borrow money and refuse to repay after being sentenced will also be classified as untrustworthy, limiting their high consumption behavior. After prison, the relationship between the actor and the issuing bank is still creditor's rights and debts, and it is necessary to continue to pay back the money.
legal ground
Article 1 17 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that it is up to the people to take compulsory measures against acts that obstruct civil proceedings. Any unit or individual who illegally detains others or illegally detains others' property to recover debts shall be investigated for criminal responsibility according to law, or be detained or fined.
What if the family is unable to repay the credit card debt because of imprisonment?
Let the family help with the repayment.
Credit card repayment doesn't have to be done by yourself. You can bind your own bank card when you repay. As long as the deducted money is enough for repayment, the credit card will automatically deduct money from the bank card on the repayment date. If the money is not enough, you can ask your family to deposit some money in your bank card, or you can ask your family to transfer money directly to the credit card for repayment.
What if the credit card is not returned in prison?
If you are detained or imprisoned for a crime and your credit card cannot be repaid, you can entrust others to handle it on your behalf. The debtor's personal freedom is restricted because of suspected crime, and the credit card responsibility cannot be exempted. The bank has the right. It is suggested that the parties should actively communicate with the bank or contact their family and friends to handle it on their behalf, otherwise it may constitute a credit card.
Credit card overdue repayment will be recovered by the bank and will be included in the list of untrustworthy people. After being released from prison or released from custody, the bank will demand enforcement and freeze this person's property.
The consequences of overdue repayment of credit cards are serious, and overdraft consumption should be moderate. Although the biggest feature of credit card is overdraft function, it actually constitutes the loan relationship between customers and banks. Failure to pay back at maturity may not only lead to law, but also bear a high penalty interest. The most important thing is to form a bad credit record, which will adversely affect future work and life.
What if the credit card is overdue due to imprisonment?
Due to overdue imprisonment of credit card, the cardholder's relatives need to negotiate with the bank to handle the personalized installment repayment agreement, or hold the arrest warrant and other relevant documents to handle the repayment suspension procedures.
According to the relevant provisions of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks, under special circumstances, if the amount of credit card arrears exceeds the cardholder's repayment ability and the cardholder is willing to repay, the issuing bank can negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years.
What should I do if my credit card is deducted?
If you are detained or imprisoned for a crime and your credit card cannot be repaid, you can entrust others to handle it on your behalf. The debtor's personal freedom is restricted because of suspected crime, and the credit card responsibility cannot be exempted. The bank has the right. It is suggested that the parties should actively communicate with the bank or contact their family and friends to handle it on their behalf, otherwise it may constitute a credit card. According to the first paragraph of Article 196 of the Criminal Law: "Whoever engages in credit card activities in any of the following circumstances, 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 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 second paragraph stipulates: "The malicious overdraft mentioned in the preceding paragraph refers to the behavior of the cardholder who 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. "
This is the end of the introduction about how to deduct credit card debt, how to deduct credit card debt and how to do it. I wonder if you have found the information you need?