What about credit card arrears?
What will happen to credit card arrears? Credit cards are basically available to everyone. With the development of economy, credit cards have entered everyone's wallet. This consumption habit of paying back the money first has been accepted by people. Let's take a look at the consequences of credit card arrears and related information.
What will happen to credit card arrears? 1
Consequences of non-repayment of credit card debt:
1. The debtor shall pay extra overdue interest and liquidated damages.
2. The debtor's personal credit report may produce bad records.
3. It may be enforced after taking it.
legal ground
Article 241 of the Civil Procedure Law of People's Republic of China (PRC).
If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property situation and the property situation one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or makes a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.
Article 242nd of the Civil Procedure Law of People's Republic of China (PRC)
If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people have the right to inquire about the deposits, bonds, stocks, fund shares and other property of the person subjected to execution from the relevant units. The people have the right to seal up, freeze, transfer or change the property price of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed by the person subjected to execution shall not exceed the scope of obligations that the person subjected to execution shall perform.
What will happen to credit card arrears?
1. If the credit card fails to repay for a long time, it will be punished by the bank. If the principal overdraft exceeds 1 10,000, the bank still refuses to repay, and may be subject to criminal punishment. The legal basis is as follows:
According to the Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (Fa Shi [2009]19):
Article 6 If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196. Malicious overdraft, the amount is more than 6,543,800 yuan but less than 6,543,800 yuan.
It should be recognized as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely 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 has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
2. Article 196 of the Criminal Law, in any of the following circumstances, if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or a fine of 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
What will happen to credit card arrears?
1. What happens if you owe your credit card?
If the credit card does not repay, there will be the following consequences:
1, high interest and late fees
If the cardholder fails to repay the credit card, he will no longer enjoy the interest-free period of the credit card, and will charge 0.5% interest every day from the date of consumption, and compound interest will be calculated monthly. If you owe tens of thousands of yuan in less than a few days, you will generate thousands of yuan of interest, and the longer the time, the higher the interest.
If the credit card fails to repay in time after the interest-free period, the bank will charge the credit card holder a late fee, accounting for 5% of the unpaid minimum repayment amount. After a certain period of time, the bank will charge the cardholder a higher penalty interest.
2. Personal credit stain
As long as you have applied for a credit card or loan, you will know how important your personal credit record is. It will be very difficult to apply for a credit card once your credit history is tainted. This is not the most troublesome. Worst of all, if you want to buy a house with a credit stain in the future, the loan amount of a mortgage will be less than others' interest rate, but higher than others' interest rate. If it expires, the bank won't lend it to you.
3. The credit card has been stopped.
If the credit card is not repaid, the bank will withdraw the revolving credit given to the cardholder and the credit card will be deactivated. For those who owe money for many times or for a long time, the bank will think that the cardholder's repayment risk is high, and will stop using the credit card and recover the arrears from the cardholder. If the bank still can't repay the credit card debt, the bank can apply for auctioning other fixed assets of the cardholder.
4. Malicious arrears will be sentenced.
If the credit card is overdue for more than three months, it will be regarded as malicious overdraft and the bank can initiate judicial proceedings. China's criminal law stipulates that if the credit card overdraws more than 50,000 yuan and the debt lasts for more than 3 months, the judicial organ will take corresponding measures (criminal detention of less than 50,000 yuan) if it refuses to repay after being urged by the bank for more than 3 times.
Second, the amount required for suspected credit card crimes.
According to the "Decision on Amending the Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management", if the amount of malicious overdraft is more than 50,000 yuan but less than 500,000 yuan, it is deemed as "a large amount"; If the amount is more than 500,000 yuan but less than 5 million yuan, it is deemed as "a huge amount"; If the amount is more than 5 million yuan, it is deemed as "the amount is extremely huge".
Nowadays, it is common for people to use credit cards, but this advanced consumption pattern has also brought troubles to some people. In the process of using credit cards, some people do not abide by the regulations of the state and the issuing bank, spend too much, exceed their own economic ability, resulting in difficulties in life, and the credit card debts owed cannot be repaid as agreed. In this case, it is necessary to bear many consequences, which may even be considered as a criminal offence, and thus be investigated for criminal responsibility according to law.
In contemporary society, almost everyone has a credit card because its function is very convenient. We can use credit cards when shopping, but credit cards also have the function of overdraft in advance, so some people will not estimate themselves accurately enough, so they will face many serious consequences if they don't pay.
What will happen if the credit card is not repaid?
Many people often forget to return their credit cards or deliberately fail to return them, which will have very serious consequences in the long run. Generally speaking, credit card overdue is also divided into different situations. One is the person who deliberately fails to pay back the credit card. These people evade credit card repayment by not taking the initiative to repay or not answering bank dunning calls. They think that as long as they don't pay back the money, they can evade the bank's accountability and use the money they borrowed before for free. This behavior is very bad. There is another kind of person who is overdue by accident and unintentionally. This kind of person usually forgets that he still needs to pay back, or it is difficult to turn around during the repayment period, so he plans to pay back in a few days and doesn't want to deliberately avoid repayment. In any case, the consequences of overdue will be defined as overdue in the bank. So what are the consequences of overdue repayment? First of all, it will seriously affect your credit information. If the bank fails to pay back the money within the time limit, it will be recorded in the credit report.
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What happens if the credit card is not available yet?
Legal analysis: the consequences of not returning the credit card are: first, there will be a high penalty interest for the actor. Second, the perpetrator will file a lawsuit. If the borrower fails to pay back the money, the bank can bring a lawsuit to the people. If the borrower loses the case, he will not only face the auction of assets to pay off debts, but also bear the corresponding litigation costs, preservation costs, execution costs and lawyer's fees. Third, the personal credit information of the actor will also be affected.
Legal basis: Article 676 of the Civil Code of People's Republic of China (PRC). If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations.
This is the end of the introduction of credit card non-repayment, how to do it. I wonder if you have found the information you need?