Legal subjectivity:

Ordinary credit card defaults are civil debt disputes. Before or during the court hearing, you should actively express your willingness to repay, negotiate with the bank as early as possible, and reach a repayment agreement. If you use a credit card to commit fraud, you will commit the crime of "credit card fraud" under the Criminal Law. Article 70 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Under special circumstances, if it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the card-issuing bank may be equal to the cardholder Negotiate and reach a personalized installment repayment agreement. The maximum period of a personalized installment agreement shall not exceed 5 years. The contents of the personalized installment repayment agreement should at least include: (1) the balance, structure, and currency of the debt; (2) the repayment cycle, method, currency, date, and amount of each installment; (3) the repayment period Whether annual fees, interest and other charges will be charged; (4) The cardholder shall not apply for a credit card from any bank before all amounts related to the personalized installment agreement have been settled; (5) The rights and obligations of both parties and 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 business service agency shall stop collections from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt. Article 196 of the Criminal Law: Whoever commits the crime of credit card fraud or theft under one of the following circumstances and commits credit card fraud if the amount is relatively large shall be sentenced to fixed-term imprisonment of 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, he shall be sentenced to fixed-term imprisonment of 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, he shall be sentenced to 10 years or more. or life imprisonment, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates; (2) Using an invalid credit card credit card; (3) fraudulently using 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 steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. The law is objective:

If the card holder does not have to repay the credit card debt after his death, then many people will inevitably overdraw their credit cards crazily before their death. With such a big loophole, banks will definitely take it into consideration. There is a relevant law: after the cardholder dies, if there is any debt on the credit card, the immediate family members shall be responsible for repaying it. If the cardholder had property during his lifetime, it shall be repaid by his property. If there is an inheritance, the heirs of the estate shall repay it. Come back. But there are many details: 1. If the cardholder dies due to an accident, such as a car accident, or a doctor's medical malpractice, etc. Then you may get a compensation payment. If the family members cooperate, the bank may recover the arrears. If they do not cooperate, the bank may sue the family in court. If the debt is greater than the legal fees, you may sue. If the debt is less than 500, it will basically be considered a bad debt. 2. If the cardholder had property during his lifetime, the money may be kept at home, or may be stored in a bank other than the issuing bank of the cardholder's credit card, then the bank has the principle of keeping confidentiality for depositors. How does the collection agency define his property during his lifetime? 3. If the immediate family member does not have the capacity for civil conduct or the ability to repay the loan, the bank will look at whether there is any property or inheritance. If there is no property or inheritance, the bank will consider it a bad debt. 4. Identification of inheritance. Apart from bank deposits, things are houses. First of all, private houses cannot be bought or sold. So, if the area of ??commercial housing is less than 65 square meters, if the bank sues to the court, the court will not enforce the judgment. Based on the above reasons, if the cardholder dies, the bank can only collect the credit card debt as much as possible. If the debt cannot be collected, it will be considered a bad debt.

How to determine who is responsible for repaying credit card bills after the cardholder dies? The debt incurred by the overdraft credit card is the joint debt of the husband and wife and should be repaid by the joint property of the husband and wife. If the joint property of the husband and wife is insufficient to repay the debt and the cardholder has no other personal property, the other spouse should still continue to pay the debt. repay. Inheritance after the death of a citizen should be divided after the debts of the deceased have been paid off. If it is discovered after the division that the deceased has unpaid debts, the heirs should repay the relevant debts within the limit of inherited property. Article 33 of the "Succession Law" stipulates that "the inherited estate shall pay off the taxes and debts that the deceased should pay in accordance with the law. The taxes and debts paid shall be limited to the actual value of his estate. Any excess of the actual value of the estate shall be voluntarily repaid by the heir." This does not apply. If the heir abandons the inheritance, he will not be liable for the taxes and debts that the deceased should pay according to law."