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?

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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 it 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.

What should I do if someone else applies for a credit card overdraft in my name?

What should I do if someone else applies for a credit card overdraft in my name? If someone impersonates me to apply for a credit card, first check to see if your ID card is lost. When applying for a credit card or debit card, the application must be reviewed based on the combination of the person and the certificate, and only those who pass the review can apply. Therefore, you cannot apply for a card with just your ID card and ID card information. If the bank fails to fulfill its review responsibilities, the bank shall bear legal liability. However, if your ID card is deceived, you should immediately apply for a new one and report it to the public security agency that issued the ID card. If a resident ID card is lost and used fraudulently by others, the impersonator and relevant departments shall bear corresponding legal responsibilities. The person who lost the ID card does not need to be held responsible for actions he or she did not commit. The "Resident Identity Card Law" also clearly stipulates that anyone who fraudulently uses another person's resident identity card will be fined not less than 200 yuan but not more than 1,000 yuan by the public security organs, or detained for not more than ten days. If there is any illegal income, the illegal income will be confiscated. Here, I also remind you that in order to reduce unnecessary trouble, important identity documents such as resident ID cards must be properly kept to prevent loss or theft as much as possible. If you encounter someone who has applied for a card under someone else's name, you must first report the loss of your ID card, then call the police, and then notify the bank to explain the situation. Since banks cannot apply for cards based on ID cards alone, banks also have to bear a large part of the responsibility.

Reasons for fake card application: 1. Identity card was lost and used. The existing resident identity document management system does not clearly manage the lost identity card. This is specifically reflected in the fact that after the resident identity card is lost, even if a new document is issued, the public security organs and other departments It is also impossible to cancel the lost ID card information of the holder, resulting in the lost ID card having the same effect as the replacement ID card. Therefore, criminals can use the Internet to buy and sell lost ID cards that are similar to their own appearance and use this identity. Go to the bank to open a credit card in the name of the certificate and various illegal activities. In China, the resident ID card is an important document for identifying an individual. If it is lost, attention should be paid to the risk of leakage of personal accounts and privacy. 2. The bank’s negligence in verifying the identity card can be seen from the above. As for the card application under false pretense, there are actually very few cases of card application under false pretense due to forged ID cards, and the main cases are those with genuine certificates. Another important reason why people apply for cards under false names is the verification of resident ID cards. Staff in grassroots verification units rely too much on the system to verify the authenticity of documents, and the verification link of witnesses is too weak. The relevant laws do not mention the detailed rights and obligations of relevant institutions or individuals for certification and verification, which to a certain extent condones the occurrence of illegal activities such as using other people's ID cards to apply for cards under false names. Even if a bank discovers that someone is applying for a card under false pretense, the only thing the bank can do is to prevent someone from applying for a card. It is also difficult to take any practical measures to deal with attempts to apply for a card under false pretense. Therefore, they condone the frequent occurrence of such cases. 3. Loopholes in identity recognition technology. Many banks and the current simplification of the card application process and self-service card application services have created fertile ground for fake card applications to a certain extent. Nowadays, financial activities including stock account opening can verify identity through ID card upload, photo upload, and data upload, and the authenticity of the identity can be verified through the identification of the backend center. This method simplifies and facilitates people's lives, but it is easy for criminals to use technical means to pass "verification" to achieve the purpose of applying for cards or doing business under false names. This is largely due to the technology used to identify people. But security and convenience are often a contradiction. Whether to sacrifice a little security for convenience, or to gain security at the expense of convenience, this difficult question can only be left to decision makers. 4. The cost of committing a crime is low and it is not easy to solve the case. According to relevant laws and regulations, such as the "Resident Identity Card Law of the People's Republic of China" stipulates that "anyone who fraudulently uses another person's resident identity card or uses a fraudulently obtained resident identity card will be punished by the public security agency for 200 days." A fine of not less than RMB 1,000 but not more than RMB 1,000, or a detention of not more than 10 days, and any illegal gains shall be confiscated." The intensity of the punishment may be incompatible with the current level of economic development. In addition, banks and other institutions also mentioned in 2 above Even if the act of applying for a card under an impersonation is recognized, measures such as refusing to open an account and persuading people to leave are often taken, and there are no clear provisions on penalties for attempted card application under an impersonation. Therefore, the cost of breaking the law for criminals is extremely low, which increases the possibility of trying again and again. In addition, after the fake card is successfully opened, criminals often transfer illegal funds through online banking, mobile banking, and even overseas operations. The time and space conversion is high, the case is difficult to solve, and the case detection rate is low. In addition, if the funds involved are not large, the case retention rate is high. All these have encouraged criminals to open cards under false names, and are also the main reasons why such cases are frequent and difficult to handle. How to Prevent Impersonation from Applying for a Card 1. Do not put ID cards, mobile phones and other items together. The strong magnetic field generated by the high-frequency electromagnetic waves emitted by mobile phones during operation will magnetize the magnetic chip in the ID card. Once degaussed, the identity information may not be read, causing trouble when traveling or handling business. 2. In public places, try to keep your ID in your inner pocket and do not show your ID to strangers. 3. Do not lend your ID card to others. Even a copy of your ID card can be used by others to handle certain financial services. Therefore, it should also be taken seriously and should not be discarded casually. 4. Do not mortgage your ID card to others. Many migrant workers often mortgage their ID cards to their bosses. This seems to be to ensure the loyalty of employees, but in fact it brings safety risks to migrant workers. These small bosses possess a large number of citizen identity cards. If they are used for illegal purposes, the consequences will be very serious. 5. After your ID card is lost, you should promptly go to the public security organ to go through the replacement procedures. If necessary, you can publish a loss statement in the newspaper to avoid unnecessary losses. As a kind of credit certificate, a credit card is linked to the credit and property of the party concerned. If your credit card is used by someone else and your credit card is overdrawn, you should call the police immediately and notify the bank to explain the situation clearly. As an institution that handles credit cards, banks have the obligation and responsibility to verify.

Therefore, when encountering this situation, the bank also needs to bear certain legal responsibilities.

What should I do if my friend overdrafts my credit card and fails to pay it back? Here are two solutions!

We all know that credit card overdrafts must be repaid after consumption, otherwise it may have a series of serious consequences, which will definitely affect your credit, and even worse, you will be punished. However, many cardholders have their credit cards overdrawn by their friends. If their friends don't pay back, they have to pay for the gap themselves, otherwise they have to bear the consequences themselves, which is very frustrating.

So, what should we do in this situation?

Under normal circumstances, when a friend overdrafts a credit card, there is no need to solve the problem. The specific situation must be analyzed in detail.

1. The credit card was stolen by a friend:

In this case, it is recommended not to consider brotherly loyalty, because the person who can steal your credit card has no idea at all. You treat him as a true friend, but his behavior is already suspected of credit card crime. If he can repay the money, you can consider letting him go. If he doesn't repay, I suggest you call the police in time. Legal sanctions will be waiting for him.

2. The credit card is lent to a friend:

In this case, because your friend uses the credit card with your consent, of course, if the other party does not intentionally fail to repay, but If you are really unable to repay the loan, in this case you can pay off the credit card debt first, and then ask your friend to repay the money directly to you; and if your friend is able to repay the loan, but deliberately fails to repay, then you can request Repayment.

However, no matter what the situation is, the balance must be repaid in time before the final payment date, otherwise the bank will hold the cardholder accountable if the credit card fails to repay.

If your friend does not repay and you do not repay, then the overdue amount will affect the cardholder's credit. If the overdue time is more than 3 months and the bank has two effective collections, the amount owed will be If the amount exceeds 50,000, the cardholder may be fined by the bank or, in severe cases, be punished.

In order to avoid this situation from happening, cardholders should keep their credit cards safe. If a friend borrows a card and overdrafts, don’t agree easily. If possible, lend him money directly and agree on a repayment date. , if possible, ask him to make an IOU. If the friend doesn't repay, you can just do it directly. This way, you don't have to worry about affecting your credit.

This is the end of the introduction on what to do if your credit card is defrauded and your overdraft is overdrawn by others, and what to do if your credit card is defrauded by others. Did you find the information you need?