Is it illegal to repay a credit card on your behalf?
It is not illegal to repay a credit card on your behalf.
Legal Analysis
However, because credit card repayment involves cashing out and repaying credit cards, cashing out involves card consumption. If you violate relevant regulations, use point-of-sale terminals (POS machines) Direct cash payments to credit card holders through fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, they shall be convicted and punished for the crime of illegal business operations. A credit card is essentially a small-amount credit loan, and the essence of credit card cash-out is that merchants collude with cardholders to maliciously obtain a certain amount of loans from banks in the name of consumption. This is to some extent suspected of fictitious loans. . According to relevant regulations, they will be convicted and punished for the crime of illegal business operations. If a cardholder maliciously overdrafts in the above manner for the purpose of illegal possession, he shall be held criminally responsible.
Legal Basis
"Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Prosecution of Cases" 46. Credit Card Case (Article 196 of the Criminal Law) Conducting credit card activities is suspected of one of the following circumstances The following shall be prosecuted: 1. Using a counterfeit credit card, or using an expired credit card, or falsely using another person's credit card to carry out activities with an amount of more than 5,000 yuan; 2. Malicious overdraft, with an amount of more than 5,000 yuan.
Is it illegal to ask someone to pay off a credit card on your behalf?
It is not illegal
It is illegal to pay off a credit card on behalf of someone else. But for you, you may be subject to risk control. Using someone else's account to repay the loan means that you have no ability to repay, so a risk control reduction is not far away. According to the "Credit Card Usage Regulations", it is illegal, and the bank will control your credit card, reduce the limit or block the card, etc.
If someone repays it to you, it is recommended that you transfer the money to your bank card and then repay it, so that your risk will be minimized.
You can repay in installments or in full. It is recommended that you check the bill and refer to the amount due on the bill.
The key point is to talk about what will happen when the deadline is reached:
Weiyi, what should I do if my credit card is overdue?
1. Quick remedy for overdue credit cards
If your loan is overdue, you should immediately call the bank service number to explain that the debt is not malicious and pay the debt in time.
Well, under normal circumstances, banks will have a 3-day grace period. Once a cardholder finds that his or her credit card is overdue, please handle it immediately to avoid leaving a bad record.
2. How to deal with bad records
If a cardholder has left bad records in the bank, do not rush to cancel the card after paying the outstanding balance and explaining the situation. The card will no longer be able to update personal credit records, and the bad records will always be recorded in the bank, causing serious consequences.
The correct approach is to continue to use this credit card and maintain a good credit record for at least 2 years. It will basically not have any impact on personal mortgages, loans, credit card applications and other businesses.
Currently, the retention period of credit records in my country is 5 years.
In actual use, don’t hold out hope that overdue credit cards will be remedied or bad records will be eliminated, but you should use your cards rationally. Developing good credit card and repayment habits, timely repayment, and not overdue are the basis for ensuring a good credit record.
2. Consequences of malicious overdraft of credit cards
(1) According to Chinese laws, anyone who maliciously overdrafts a credit card with an amount of more than 10,000 yuan shall be prosecuted.
A malicious overdraft refers to a cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the card for more than three months after being called upon twice. If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.
(2) Pay attention to the following points when judging malicious overdraft:
1. The cardholder is a legal cardholder. If someone steals or falsely uses another person's credit card, it constitutes the act of stealing or falsely using someone else's credit card and does not constitute a malicious overdraft act.
2. The cardholder deliberately failed to repay the loan.
For the purpose of illegal possession, that is, the person who overdrafts clearly knows that he has no ability to return the money before the overdraft, but still uses the card to make purchases or withdraw cash. Or it is the behavior of being able to repay but not wanting to repay after spending or withdrawing cash. It is a subjective unwilling behavior. In the process of inferring whether the perpetrator has the purpose of illegal possession, it must be distinguished whether the behavior is subjectively malicious and does not return, or whether the perpetrator cannot return because of reasonable objective factors. This is the key to distinguishing malicious overdrafts from good-faith overdrafts.
3. Malicious overdrafts include overdrafts exceeding the prescribed overdraft limit, overdrafts exceeding the prescribed period, and non-repayment despite collection. The overdraft limit refers to the amount of personal credit guarantee short-term loans that cardholders can use as specified by each card-issuing bank. For cardholders who have overdrafts, each card-issuing bank can collect them according to the repayment period. If the cardholder voluntarily returns the money without being collected by the bank or returns it promptly after collection, it will not be treated as a crime.
Finally, we would like to remind credit card holders that they should repay the money in time after overdraft consumption. Once a credit card user repeatedly fails to repay the credit card overdue, not only will the bank charge higher interest and late fees, but the cardholder's own credit will also be reduced, which will affect future car loans and housing loans.
In fact, some formal credit products are also very good, such as the micro loan in WX that I have used. The interest rate is not high, and it is the correct way to earn money.
What should I do if my credit card is overdue? First of all, the bank will have a three-day grace period. If you repay within the three-day grace period, it will basically not be considered overdue. However, if you are unable to repay due to financial problems, , you should try your best to pay the minimum repayment amount, so that although some interest will be incurred, it can ensure that there will be no bad record on the credit card. If you maliciously fail to repay during the use of a credit card and cause a malicious overdraft, you will bear criminal liability. Therefore, when using a credit card, you must pay attention to repaying on time to avoid adverse consequences.
Is it illegal to pay back a credit card on your behalf?
It is not a crime to pay back a credit card on your behalf. It is not a crime if you follow normal procedures within the scope of the law. If you are helping someone else to repay a credit card, but using illegal means to achieve the purpose of repaying the loan, this is a crime. You also need to pay attention to the country's laws and regulations when doing things.
How to repay a credit card under normal circumstances?
Although credit card repayment is a gray area, there is a market if there is demand. There are still many cardholders who will bypass banks and find repayment agencies on the market to ease their credit card repayment difficulties. So, where can I pay back my credit card? The editor reminds everyone, don’t touch anything unreliable.
1. The store returns the credit card. The repayment date is getting closer day by day. If you really cannot afford to repay the credit card, you can find a store you are familiar with to repay the credit card on your behalf. First, both parties must agree on the handling fee for repaying the credit card. After the merchant boss helps you pay off the bill, the credit card limit will be restored, and then the card holder can collect the money through the machine in the store, and the cardholder can pay the handling fee.
2. Get a machine by yourself. Apply for a machine with a payment license, install it, bind a debit card of your own, and then you can swipe the card to collect money. You need to borrow money from relatives and friends, and pay off the credit card before the repayment date. After the limit is restored, you can then withdraw the money by swiping the card for payment. The money will be transferred directly to the savings card. At this time, you can withdraw it freely to pay off the debt. .
3. Reliable credit card repayment software. There are many credit card repayment platforms on the market, and many of them are deceiving people under the guise of repaying credit cards, so you have to choose a reliable one. There are many platforms for repaying credit cards, and you are afraid that you will accidentally be cheated by a black intermediary. Not only will you lose money, but you will also face the risk of personal information being leaked.
What are the consequences of paying back a credit card? /strong
Involves potential risks such as illegal cashing out of credit cards, high fees charged by the platform, and the security of user credit card information.
1. There is a reduction in credit limit or a bad credit record.
Once the cash-out behavior is detected by the bank, you will face the risk of card blocking or credit limit reduction, and the accumulated points may also be cancelled. In serious cases, the bank may be included in the credit blacklist, which will affect future loans and credit card applications; more serious cases Yes, some users will cash out their credit cards for investment or speculation. Once the investment fails, it is likely that the credit card will be overdue and they will have a bad credit record.
2. Credit cards have unsafe factors. The platform charges a certain handling fee during this process, generally 0.8-1 of the bill amount. Under the platform reimbursement model, the credit card repayment platform advances the user's credit card debt and obtains creditor's rights against the user. The user needs to repay the loan to the repayment platform regularly. The borrower's credit card balance is transferred to the repayment platform.
Is it illegal to make credit card payments on behalf of others?
It is not illegal, but it is illegal to operate credit card payments on behalf of others.
According to Article 7 of the "Interpretation of the Supreme People's and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards":
Using point-of-sale terminals in violation of national regulations (POS machine) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc.
If the circumstances are serious, the person shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. Carrying out the acts in the preceding paragraph, the amount is more than 1 million yuan, or causing the financial institution's funds of more than 200,000 yuan to be overdue.
If the financial institution suffers an economic loss of more than 100,000 yuan, it shall be deemed as a "serious circumstance" as stipulated in Article 225 of the Criminal Law; if the amount is more than 5 million yuan.
If it causes overdue repayment of more than 1 million yuan of funds of a financial institution, or causes economic losses of more than 500,000 yuan to a financial institution, it shall be deemed as "especially serious circumstances" as stipulated in Article 225 of the Criminal Law. ".
If a cardholder uses the above method to maliciously overdraft for the purpose of illegal possession and should be held criminally responsible, he will be convicted and punished for credit card crimes in accordance with the provisions of Article 196 of the Criminal Law.
Extended information:
According to Article 225 of the Criminal Law of the People's Republic of China, the crime of illegal business operations:
Violation of national regulations, Anyone who commits any of the following illegal business activities and disrupts market order, if the circumstances are serious, shall be sentenced to not more than five years or short-term imprisonment, and shall also or solely be fined not less than one time but not more than five times the illegal income.
If the circumstances are particularly serious, the penalty shall be not less than five years, and a fine of not less than one time but not more than five times the illegal income, or property confiscated:
(1) Laws and administrative regulations for operating without permission Specializing in or selling items exclusively or other items with restricted sales;
(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations ;
(3) Illegal operations of securities, futures, and insurance businesses without the approval of relevant national competent authorities, or illegal fund payment and settlement business;
(4) Other serious disruptions Illegal business practices in the market order.
According to Article 6 of the "Interpretation of the Supreme People's and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards":
The cardholder intends to illegally possess the card. If the card is overdrafted beyond the prescribed limit or within the prescribed period and is not returned for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
If any of the following circumstances occurs, it shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law:
(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;
(2) The overdraft funds are squandered wantonly and cannot be returned;
(3) Escape, change contact information, and escape after overdrafting Bank collection;
(4) Escape and transfer funds, conceal property, and evade repayment;
(5) Use overdraft funds to carry out illegal and criminal activities;
(6) Other behaviors of illegally possessing funds and refusing to return them.
A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan Yuan.
It should be determined as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it should be determined as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. ".
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.
Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the people's judgment is pronounced, the person may be given a lighter punishment.
If the circumstances are minor, punishment may be exempted. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.