What should I do if my credit card is overdue?
The overdue credit card is likely to involve a credit card. If the credit card is overdue for 3 months and the bank has failed to make two effective collections, it is considered a malicious overdraft. If the amount of the malicious overdraft is more than 50,000 yuan, it will constitute a credit card violation and the bank will report the case to the public security organ. After receiving the report, the public security organ will file the case, then enter the economic investigation stage, collect evidence of the cardholder's credit card through various channels, and transfer the evidence to the procuratorate. The procuratorate will intervene in the case and determine whether the cardholder's credit card crime is true based on the evidence collected. If it is confirmed that it is true, an arrest notice will be issued. Credit cards will be subject to criminal liability. The procuratorate will also file a public prosecution against the people and judge the cardholder based on the materials provided by the procuratorate. Then the cardholder will face prison, at least 2 years in prison. Specifically, See how much the overdraft amount is. Of course, if you don't want to go to jail, you must pay off the debt immediately between the time the case is filed and before prosecution.
Legal basis:
Article 196 of the "Criminal Law" Under any of the following circumstances, anyone who conducts credit card activities and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the fine shall be not less than five years but not more than 10 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 If the circumstances are serious, he or she shall be sentenced to not less than 10 years in prison or fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:
(1) Using a forged credit card, or using a false identity card to fraudulently obtain the credit card; Credit card;
(2) Using an expired credit card;
(3) Pretending to use another person’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 credit cards concurrently shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Bank of China’s credit card was stolen online overseas, and the case has been reported and recourse has been frozen.
If a non-personal transaction occurs on your credit card that you do not approve, in order to ensure the safety of your subsequent funds, it is recommended that you call the customer service hotline 4006695566 as soon as possible to handle the payment stop (freeze) procedure. We can assist you with any suspicious transactions. You make further inquiries.
The above content is for your reference, please refer to actual business regulations.
If you have any questions, please feel free to consult Bank of China’s online customer service.
You are sincerely invited to download and use Bank of China Mobile Banking APP or Bank of China Cross-border GOAPP to handle related businesses.
What should you do if your credit card is reported to the police?
What should you do if your credit card is not in the bank and the bank reports it to the police?
The bank is trying to scare you, as long as it is not more than four months old , at most it will scare you, unless you owe tens of thousands of dollars! If it's a few thousand yuan, you pay off the minimum repayment first, and you can rest for a few days. You can go to the person who made the repayment and ask them to help you maintain the card. You only need to pay the handling fee. I hope you will adopt it. I don't understand. Keep asking me, the others are unreliable!
What should I do if the bank reports a credit card debt?
If the principal is overdrafted by more than RMB 10,000 and the bank collects the debt but still fails to repay, you may be subject to criminal penalties. 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 Obstructing Credit Card Management" (Fa Interpretation [2009] No. 19):
Article 6 If a 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 3 months after being called upon twice by the issuing bank, it shall be deemed to be a crime stipulated in Article 196 of the Criminal Law. "Malicious overdraft".
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 If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed 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, etc. charged by the issuing bank
2. Article 196 of the "Criminal Law" Under any of the following circumstances, if the amount is relatively large and credit card activities are carried out, a prison sentence of not more than five years shall be imposed Or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years, and also 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 serious circumstances, If there are other particularly serious circumstances, he shall be sentenced to not less than 10 years in prison or fined not less than 50,000 yuan but not more than 500,000 yuan, or his property may be confiscated:
(1) Using a forged credit card, or using a false identity Proving that the credit card was obtained fraudulently;
(2) Using an invalid credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious Overdrawn.
According to the "Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstruction of Credit Card Management" (Fa Interpretation [2009] No. 19):
Article 6 If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. .
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 If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed 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 yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees, etc. charged by the issuing bank
2. Article 196 of the "Criminal Law" Under any of the following circumstances, if the amount is relatively large and credit card activities are carried out, a prison sentence of not more than five years shall be imposed Or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years, and also 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 serious circumstances, If there are other particularly serious circumstances, he shall be sentenced to not less than 10 years in prison or fined not less than 50,000 yuan but not more than 500,000 yuan, or his property may be confiscated:
(1) Using a forged credit card, or using a false identity Proving that the credit card was obtained fraudulently;
(2) Using an invalid credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious Overdrawn.
What should I do if I owe a credit card and the bank says it has been reported?
Hello,
Pay back the money quickly,
or the credit card crime will come after you.
I am satisfied with the answer,
Please accept it,
Thank you.
What are the consequences of reporting a credit card debt to the bank and then paying off the debt
1. You do face the risk of criminal liability. In layman's terms, a malicious overdraft that is not repaid after being called upon is suspected of constituting a credit card crime.
2. Credit card crime: Article 196 of the Criminal Law stipulates that anyone who 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, A fine of not less than RMB 50,000 but not more than RMB 500,000 or property confiscation shall be imposed:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Pretending to use another person’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 credit cards concurrently shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
3. Use of credit cards for malicious overdrafts
Overdraft means that when a customer who has set up an account with a bank has no funds or insufficient funds in the account, with the approval of the bank, the customer is allowed to use The act of spending money in excess of the funds on its account.
An overdraft is essentially a bank lending money to a customer.
The so-called malicious overdraft, according to the second paragraph of Article 196 of the "Criminal Law", means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and has been collected by the card-issuing bank. The act of not returning it.
The essential difference between a well-intentioned overdraft and a malicious overdraft lies in the subjective differences of the perpetrators. Both objectively cause overdrafts, but the perpetrator of the overdraft in good faith has the subjective intention to use it first and pay back the overdraft and interest at that time, while the perpetrator of the malicious overdraft overdrafts in order to keep the overdraft as his own. , do not want to repay or are unable to repay, and resort to absconding to avoid debts.
IV. Case Filing Standards: According to the "Regulations on Case Prosecution Standards" of the Supreme People's Procuratorate and the Ministry of Public Security, those who engage in credit card activities and are suspected of one of the following circumstances shall be prosecuted:
< p>1． Use counterfeit credit cards, use invalid credit cards, or use other people’s credit cards for activities. The amount is more than 5,000 yuan;2. The amount of malicious overdraft is more than 5,000 yuan. (You have far exceeded this limit)
5. How to avoid: If you express your willingness to return it, then the matter is still within the scope of civil affairs, but the expression of intention needs to be reflected by actual actions, otherwise it will be very serious. It is possible that what was originally a civil debt case turned into a criminal credit card crime.
If you get involved in a criminal lawsuit, you still have to pay back the money even if you go to jail.
6. Regarding interest:
For credit card overdrafts, they should bear the liability for breach of contract, but they should strictly comply with the relevant interest rate standards of the People's Bank of China. The bank will definitely advocate that the interest rates originally signed by both parties should be used. It is based on a contract, but it is based on the bank's unilateral standard clauses, which often involve high liquidated damages and are generally difficult to obtain support from the court. In fact, regarding interest, this is only a civil matter, but if you maliciously overdraft, it is very likely that the originally civil case will be converted into a criminal case.
Please note: If the bank has repeatedly demanded payment and you intentionally avoid it, the bank can call the police at any time, which will cause trouble! Especially this kind of money, you simply can't afford it. Leaving a criminal record for a mere 30,000 yuan will have a great impact on your own life, and an even greater impact on your children, who will be affected in your future work.
Personal advice: Take it seriously, handle it with caution, and pay back the money as soon as possible. If you can’t pay it off for the time being, you must express your intention to pay it back.
My credit card has not been repaid and the bank wants to report it. What should I do?
According to Article 196 of the Criminal Law of the People’s Republic of my country, credit card crimes include one of the following circumstances: if the amount is relatively large, a person shall be sentenced to not more than five years or criminal detention, and shall also be fined 20,000 yuan. A fine of not less than 200,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 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, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed. More than ten years or more, and shall be fined not less than 50,000 yuan but not more than 500,000 yuan or 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 use other people’s credit cards; (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 263 of this Law. At the same time, according to Article 6 of the "Interpretations of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards", the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and has been called for collection twice by the card-issuing bank. If the money is still not returned more than three months later, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Of course, if the overdraft amount is more than 10,000 yuan and the purpose is illegal possession, it will be suspected of credit card crime and the bank may hand it over to the public security organ for processing. Therefore, if your overdraft amount reaches more than 10,000 and meets the above requirements, the risk is relatively high. It is recommended to actively negotiate with the bank and repay the loan as soon as possible.
The bank reported a crime using a credit card, what should I do if the police let me go?
Are you sure you are the police? And not a gang for you? The police won't call you. Doesn't that remind you and make you prepared? My experience tells me that this is a trap
What is the process for credit card reporting?
First fill in the application form; give the bank's personal information and a copy of the information; the bank will send it to the credit card center ; The credit card center will review, print and issue the card; after I get the card, I will open the card and wait for the password letter.
The time to apply for a card by card is the same as that of a normal card application, usually about fifteen working days.
Does anyone know what the process is after reporting an overdue credit card to the bank?
The police file a case, collect evidence, and submit it to the procuratorate for approval of arrest, arrest, prosecution, judgment, and execution
How to report a crime with a credit card
Go directly to the police station and explain what happened. That’s it
What should I do if I report an overdue credit card to the bank?
First, is it a fake text message? Second, if there is any debt, it is recommended to return it immediately. Generally, when banks mention reporting a crime, it means they owe If the loan is not repaid for more than six months, there will be a special department to collect the money, and legal procedures will be carried out. As long as you are in China, they will definitely find you, unless you will not deal with the bank in the future.
What to do if a crime is reported for returning a credit card
1. You should first contact the bank of the credit card to resolve the overdue issue, and then ask the bank to go to the police station to resolve the case.
2. If it is a civil case, the person will not be arrested. If it is a criminal case, the police will come directly to arrest the person.
3. If a customer loses contact after their credit card is overdue, the bank will have a dedicated team to come to collect the money. The cardholder should pay off the amount owed in time.
4. If the credit card repayment is overdue due to bank reasons or other non-malicious defaults on credit card repayments, the cardholder can apply to the bank for personal objection processing to eliminate it.
5. Credit card, also called credit card, is a credit certificate issued by a commercial bank or credit card company to consumers with qualified credit.
Is it true that the bank said it has reported the case to my local police for an overdue credit card?
This situation is not very realistic. For credit card online loans that are overdue, I have had questions about reporting the case
The credit card loan is overdue, and the collection says that the case has been reported. If the payment is not repaid at what time, we will start the filing process. So first of all, reporting is required by everyone, including everyone. A company has rights conferred by law. So there is no problem in reporting a crime, but will all online loans and credit cards choose to report a crime? Judging from our current cases, he generally will not report online loans, especially platform loans that violate laws and regulations, and he even dare not report the case. Why, because he himself has many violations of laws and regulations.
So, if your current platform has illegal activities, it will rarely report the crime, or it will not report the crime through the formal reporting process. Generally, it will not be reported until the people update it. Because it is common, please note here that reporting a crime and reporting a crime are two different things.
In addition, is it possible to report a crime on a credit card? Judging from the cases Tumen has encountered so far, if it is indeed a credit card, then there may be a report or even a criminal case. However, from the many cases we have observed so far and the contact with so many debtors, it is rare to constitute a Credit card, so what is a credit card, I have already talked about it in my video.
You can go back and watch the previous video course about credit cards. Then if you don’t have a credit card, but the bank still takes the method of reporting the crime, at this time you need to judge whether it is a formal report, or whether it is just sending it to you. I have prepared a crime report material to put pressure on you.
A leader of the relevant department said some time ago that there are currently many behaviors in the credit card field that use criminal reports to collect payment. To a certain extent, it is a kind of soft violence, and it also infringes on the legitimate rights and interests of many cardholders. If you are really reported, how should you face it? In fact, there is no need to be nervous. At this time, you can go to the relevant police station for reporting the crime. Either, or the economic investigation department can truthfully report your debt situation, with the reasons and corresponding materials,
So as long as you are not a credit card, then there is no need to worry about reporting the crime, then it is OK There will be no criminal liability that you are worried about, then it will be a civil lawsuit and bear civil liability. In summary, debt is not terrible, carry the burden and travel around the world, come on! ! !
The credit card bank has reported the crime, how long will it take to arrest the person...
The analysis is as follows:
If the bank has reported the crime, the public security organ will generally summon the person holding the card within a week. Cardholders, urge repayment, or directly detain criminal suspects.
1. Overdue repayment after a credit card overdraft is a breach of contract. The bank can require the cardholder to repay the principal as well as overdue interest, late payment fees, over-limit fees, etc.; if the bank wins the lawsuit, the bank will The cardholder also has to bear the costs of litigation.
2. Secondly, if the cardholder maliciously overdrafts a certain amount for the purpose of illegal possession and fails to repay the amount overdue, it constitutes a credit card crime and he will also bear criminal liability. (Overdue payment of more than RMB 10,000, which has been collected twice by the card-issuing bank and still not returned after more than 3 months, is suspected of credit card crime).
3. Finally, non-repayment after the due date will leave a bad credit record for the cardholder, which will affect the smooth progress of the cardholder's future loans and other activities.
Extended information
1. Card collection is divided into two types: internal collection by the bank and outsourcing collection. Internal collection usually refers to customers who are overdue for more than three months and are generally reminded by bank customer service (M0 period) or call the reminder department via telephone (M1, 2 period) or come to each business outlet office (M3 period) to make overdue payment reminders!
2. Outsourcing collection mainly means that the credit card center entrusts some customers who are difficult to handle, have problems, have lost contact or have small amounts to a company specializing in the collection industry (some are law firm) for collection.
3. From the second day of the last payment date to the next billing date. During this period, the bank record will be almost intact, but late payment fees and full interest will be charged. Banks generally do not collect debts during this period and will only remind you that the repayment period has exceeded through SMS platforms or phone calls.
4. It is the continuation of the M0 period, that is, between the second unpaid bill date and the last payment date of the second bill, the credit record will be uploaded to the People's Bank of China credit system. It is very likely to affect issues such as home loans or credit loans, and late payment fees will be charged. If it is before the second payment date, only one late payment fee will be charged.
5. Otherwise, it will be charged twice, and the interest will be compound interest on the current amount owed! During this period, banks will generally issue reminder collections to customers with larger amounts, that is, the collection staff from the collection department of the credit card center will call to remind them to repay! Some banks do not collect debts during this period in order to earn more late fees and interest.
6. It is a continuation of M1, that is, between the third bill date of non-repayment and the last payment date of the third bill, the credit record has a greater impact. In the banking industry, credit reporting There will be a stain on your record, which will have a big impact on future loans and getting a job at a larger company. A late payment fee will be charged, and if it is before the third payment date, a second late payment fee will be charged.
7. Otherwise, the interest will be charged compound interest on the current amount owed three times! During this period, banks generally use legal reminders for repayment. Relevant collectors will call to inform them of the impact on credit records and the consequences of non-repayment. During this period, banks will contact relatives and friends of the debtor to help remind the debtor. Repayment.
Some banks are tough on debt collection, and may even have collectors disguise themselves as lawyers to put pressure on debtors. However, some banks are light on debt collection and only carry out reminder collection during this period!
Reference material: Baidu Encyclopedia-Credit Card Collection
This ends the introduction about whether a credit card has been reported and whether the public security will notify the police before filing a case after the credit card is reported. I don’t know if you can find it here. Need the information?