What to do if you are unable to repay your credit card overdraft

If you are unable to repay the money you owe on your credit card, it is recommended that the customer negotiate amicably with the bank to extend the repayment period, and you can also try to apply for an interest suspension. If the repayment date has not yet arrived, the customer can also quickly apply for bill installments before the repayment date arrives, or pay the minimum repayment amount of the bill first. This can alleviate the repayment pressure and avoid overdue payments. And if you really don’t have any money, you can try to borrow money from your relatives and friends to pay off your credit card, and then pay it back to your relatives and friends when you have money later. If you need a lawyer to intervene, you can consult a professional lawyer on Hualv.com’s creditor’s rights and debts.

When a cardholder's credit card debt exceeds 50,000 yuan and there is a malicious overdraft, the cardholder may go to jail. But if the above conditions are not met, there are only three results.

1. If the judgment is to repay the debt, the cardholder can only borrow money from everywhere to repay the debt, otherwise the bank will freeze the credit card in the name of the cardholder and auction other assets to repay the debt.

2. The cardholder is judged to be repayable, but the cardholder is still unable to repay. At this time, the bank and the cardholder association will negotiate a repayment agreement, how much to repay each month, how many installments to repay, etc.

3. After the judgment, if the cardholder is still unable to repay and is unwilling to negotiate with the bank, the cardholder will be included in the list of dishonest persons and all subsequent high-consumption behaviors of the cardholder will be restricted.

What should I do if my credit card overdraft is not enough?

; 1. Repay the minimum repayment amount. Every bank will set a minimum repayment amount for credit card holders. As long as the card holder If a person can repay this minimum amount, then the bank will neither charge late fees nor affect personal credit. Generally speaking, this minimum payment is 10% of the bill amount. That is to say, if you spent 10,000 yuan last month and don’t have enough money this month due to unemployment or other reasons, you only need to pay back more than 1,000 yuan. However, it should be noted that if you choose the minimum repayment amount, although you will not be charged a late fee, you will be charged an interest of 0.05% per day. This interest is also a lot, so the borrower is best to repay all his bills as soon as possible. Minimum payment amount. 2. Take the initiative to negotiate with the bank. If the cardholder cannot even pay the minimum repayment amount of 10%, then do not choose to run away, that is, change the address and mobile phone so that the bank cannot be contacted. This is the worst way to deal with it. . You must know that from the day you apply for a credit card, your personal information and credit status will be recorded in the central bank's credit information system. No matter where you go in the future, unless you never deal with banks in this life, you will no longer pay water, electricity and media under your real name. No more fees, no more buying mobile phone cards, handling landline calls, and other things that require real names, otherwise the bank will find you, and your credit record will be blackened. It will be difficult and even possible to get approval for bank loans and credit cards in the future. It will affect your future employment. Once the minimum repayment amount cannot be paid, the best way is for the cardholder to contact the card-issuing bank immediately to explain his situation, saying that he does not owe the debt maliciously, but that he cannot pay it off immediately due to temporary changes in the economic situation. To apply for deferred repayment, generally speaking, as long as the cardholder takes the initiative to contact the bank, the bank will usually design a repayment method for the cardholder that is acceptable to both parties. For example, defer the repayment of the outstanding amount for 1 to 2 months, discount the interest, or repay an amount acceptable to the cardholder every month. After all, once the cardholder cannot repay, the money will be considered a bad debt for the bank. Therefore, banks will be happy to save every cardholder who wants to repay but is temporarily unable to do so. If citizens need to use a credit card, they should strictly follow the regulations on credit cards of our country and the relevant card-issuing banks. If there is an overdraft, they should repay it in time. If it constitutes a credit card overdraft and overdue repayment, it must be It will have an adverse impact on the user's credit report and other aspects.

What should I do if my credit card is maliciously overdrawn?

If your credit card is overdue, you need to pay attention to avoid criminal liability

After your credit card is overdue, you need to pay special attention to the risk of criminal liability to avoid creating a problem with your credit card. crime.

Article 196 of the "Criminal Law" stipulates as follows:

Whoever maliciously overdrafts and engages in credit card activities, and the amount is relatively large, shall be sentenced to not more than five years or criminal detention, and shall also A fine of not less than RMB 20,000 but not more than RMB 200,000 shall be imposed; the malicious overdraft 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 still refuses to return the card after being called upon by the card-issuing bank.

In order to avoid committing a credit card crime, we need to know clearly, how much amount and how long will it take to be considered a malicious overdraft?

We combine the provisions of the judicial interpretation of the "Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing the Management of Credit Cards" to analyze three issues in detail.

1. How much amount will be considered as malicious overdraft?

/p>

Article 9 of the Judicial Interpretation stipulates: 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. cost. The amount returned or paid shall be deemed as the return of the actual overdraft principal.

To put it simply based on the judicial interpretation, if a credit card is maliciously overdrafted and the amount is more than 50,000 yuan, it is suspected of a criminal offence.

2. How long will it take to be considered a malicious overdraft?

Article 6 of the Judicial Interpretation stipulates: If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than three months after two effective calls by the card-issuing bank, he shall It was determined to be a "malicious overdraft" stipulated in Article 196 of the Criminal Law.

Article 7 of the Judicial Interpretation stipulates that "effective collection" requires at least thirty days between two collections.

So, with a simple calculation, after the credit card is overdue, there will be an interval of thirty days between two collections, plus three months after the collection, so this period will take at least 4 months.

To put it simply, if a credit card is returned within 4 months after it is overdue, it will not be considered a malicious overdraft. If the money is not returned for more than three months after two collections, it can be considered a malicious overdraft.

3. The bank has really reported the crime, what can you do?

Article 10 of the Judicial Interpretation stipulates that if the amount of malicious overdraft is relatively large and it is fully returned before the prosecution is initiated or there are other minor circumstances, it is not necessary; if the amount is fully returned before the first instance judgment or there are other minor circumstances, , can be exempted from criminal punishment. However, this does not apply to those who have been penalized more than twice on credit cards.

To put it simply, after the bank reports the crime, you can return it all as soon as possible, or you will be exempted from criminal penalties.

How to deal with malicious overdrafts on credit cards

Malicious overdrafts on credit cards are very serious, and the consequences are usually the following four: 1. Credit card late fees. The so-called credit card late payment fee refers to the fee that the cardholder should pay to the card-issuing bank in accordance with regulations when the cardholder fails to pay the minimum payment amount before the due payment date (inclusive) or the repayment amount is insufficient. 2. Overdue interest. After a user uses a credit card to overdraft, there is generally an interest-free repayment period of 20 to 50 days. That is, as long as the cardholder fails to repay all overdraft fees within the specified period, the cardholder will no longer enjoy the bank's coverage for all expenses incurred last month. Interest-free treatment, the daily interest rate is as high as 50,000, which means the annual interest rate reaches 18%. 3. Bad credit record. Overdue repayments by credit card users will be recorded in bad credit records, and the basic database of personal credit information has been implemented nationwide. As long as individual residents apply for loans at banks, apply for credit cards or provide guarantees for others, they can find credit reports at any commercial bank in China. 4. Facing criminal proceedings. If a user fails to repay after two months of overdraft, the bank will call to remind the user to repay. If the loan is not repaid, the bank will ask a lawyer to send a lawyer's letter to the user. If the repayment is not made, the bank will report the case and be suspected of committing a credit card crime.

Article 196 of the "Criminal Law of the People's Republic of China" 68 Whoever engages in credit card activities under one of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not less than 200,000 yuan If the amount is huge or there are other serious circumstances, the fine shall be not less than five years but not more than ten 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, the fine shall be not less than five years but not more than ten years, or, and be fined not less than RMB 50,000 but not more than RMB 500,000 or have property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Pretending to Using someone else'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. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law. ”

What should I do if my credit card is overdrawn?

If the credit card is overdrawn, the customer only needs to ensure that the bill is paid on time before the repayment date (inclusive) after the account is issued. In this way, there won’t be much of a problem. In fact, many banks provide credit card customers with a certain over-limit limit. When the credit card credit limit is used up, you can still use part of the over-limit limit (the over-limit limit is usually . Between 5 and 10).

Of course, it is not recommended that customers always max out their credit cards, which will not be conducive to maintaining the card. Moreover, if you spend too much on your credit card, the repayment burden will be heavy. Seriously, if it exceeds the scope of your repayment ability and you fail to repay the loan on time within the stipulated repayment period, it will also cause overdue payment, which will lead to personal credit damage and the use of the card may also be restricted.

If you feel that the credit card limit is not enough, you can actually apply for a temporary limit or increase the fixed limit from the bank. Customers should pay attention to using their cards well and accumulate more good credit. The bank may also take the initiative to provide customers with credit cards. Um.

If you want to borrow money, the Duxiaoman platform is convenient and easy to use. Duxiaoman's credit service products provide users with safe and convenient, unsecured and unsecured credit services. For money, go to Du Xiaoman APP (official measurement below). Daily interest rates for consumer loans start as low as 0.02, annual interest rates start as low as 7.2, and you can borrow up to 200,000 yuan! It also features flexibility, transparent interest rates, and strong security.