Generally, overdue credit cards only need to be repaid in time, which is a civil dispute and does not involve criminal issues. However, if it is a malicious overdraft, it will be prosecuted by the bank and investigated for criminal responsibility.
1. Is it a direct sentence to be sued for overdue credit cards?
Whether the credit card is overdue for prosecution depends on the actual situation. If it is a malicious overdraft, it will be prosecuted by the bank, investigated for criminal responsibility, and may also go to jail; If it is not malicious overdraft, it will be prosecuted by civil law and investigated for civil repayment responsibility.
2. Which credit cards should be paid in installments at the end of the month?
The contents of personalized installment repayment agreement shall at least include:
(a) the balance, structure and currency of the arrears;
(2) the repayment period, method, currency, date and repayment amount of each installment;
(three) whether to charge annual fees, interest and other fees during the repayment period;
(4) The cardholder shall not apply for a credit card from any bank before all the funds related to the personalized installment repayment agreement are settled;
(five) the rights and obligations of both parties and the liability for breach of contract;
(6) Other matters related to repayment.
If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing service institution shall stop the collection of the cardholder, except that the cardholder fails to perform the installment repayment agreement. If an oral repayment agreement is reached, the issuing bank must keep the recorded data. Records shall be kept at least until the date of settlement of arrears.
Third, the reason why the credit card is frozen
Under normal circumstances, there are several reasons for banks to freeze cardholders' credit cards: serious overdue credit cards, cashing out credit cards, stealing credit cards, etc.
The credit card is frozen due to serious overdue, and the cardholder is frozen by the issuing bank due to long-term overdue repayment or large overdraft amount;
It is illegal for credit cards to be frozen due to cashing out. After the credit card is issued, the bank will supervise and record the credit card transactions, and the obvious credit card cashing behavior is easily recognized by the issuing bank. Once the issuing bank finds that there is a credit card cashing behavior, the bank will freeze the credit card. If the circumstances are serious, the cardholder shall be investigated for criminal responsibility;
Credit card theft caused the credit card to freeze. In order to prevent the loss of credit card theft from further expanding, the general cardholder will ask the issuing bank to freeze the credit card, and in some cases, the issuing bank will take the initiative to freeze the credit card for the cardholder.
According to the law, whether the credit card is overdue or not depends on the actual situation. If it is a malicious overdraft, it will be prosecuted by the bank and investigated for criminal responsibility.
Legal objectivity:
Article 177 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined not less than 10,000 yuan but not more than 100,000 yuan. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan: (1) Holding and transporting a large number of credit cards knowing that they are forged, or holding and transporting them knowing that they are blank credit cards; (2) Illegally holding other people's credit cards, with a relatively large number; (3) using false identification to defraud credit cards; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means. Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph.