1. What should I do if my credit card cannot be repaid due to serving my sentence?
If you are detained or
1. What should I do if my credit card cannot be repaid due to serving my sentence?
If you are detained or imprisoned for a crime and your credit card cannot be repaid, you can entrust others to handle it on your behalf. Because the debtor is suspected of committing a crime, his personal freedom is restricted and he cannot be exempted from the responsibility of the credit card. Banks have the right to sue. It is suggested that the parties actively communicate with the bank or contact their family and friends to handle it on their behalf, otherwise it may constitute credit card fraud. Credit card overdue repayment will be recovered by the bank, and the court will include it in the list of untrustworthy people. After being released from prison or released from custody, the bank will ask for enforcement, and the court will freeze the person's property.
The consequences of overdue repayment of credit cards are serious, and overdraft consumption should be moderate. Although the biggest feature of credit card is overdraft function, it actually constitutes the loan relationship between customers and banks. Failure to repay at maturity may not only cause legal disputes, but also bear high penalty interest. The most important thing is to form a bad credit record, which will adversely affect future work and life.
2. What are the constitutive elements of the crime of credit card fraud?
1, the object of the crime of credit card fraud is the credit card management system and the ownership of public and private property.
2. The objective aspect of the crime of credit card fraud is that the actor uses the credit card to defraud public and private property by means of fictional facts or concealing the truth.
3. The subject of the crime of credit card fraud is the general subject, and natural persons can be the subject of this crime.
4. The subjective aspect of the crime of credit card fraud is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. What needs to be pointed out here is that in all kinds of behaviors of credit card fraud, the perpetrators have different criminal intentions because of their different behaviors.
2. What are the consequences of overdue credit cards?
First of all, it is a breach of contract not to repay after the credit card is overdrawn. The bank may require the cardholder to repay the principal, overdue interest, late payment fee and over-limit fee. If the bank sues the court and wins, the cardholder will also bear the litigation costs.
Secondly, if the cardholder maliciously overdraws a certain amount for the purpose of illegal possession and fails to pay it back within the time limit, which constitutes the crime of credit card fraud, he should also bear criminal responsibility.
Finally, overdue repayment will leave a bad credit record for cardholders, which will affect the smooth progress of cardholders' future loans and other behaviors.
If my credit card can't be repaid because of my imprisonment, I need to find a way to handle this loan. If I have money, I can entrust others to repay it. If I have no money, I can negotiate with the bank. As long as I fulfill my obligations within the specified time, I can guarantee that I will not bear overdue interest and my credit will not be damaged.