Criteria for filing malicious default on credit cards

If you have defaulted on your credit card for a long time, the bank will consider you to have defaulted on the credit card maliciously, and if you have not repaid the loan for many consecutive months, the bank will rule you as malicious defaulter. payment. Your credit history will also be severely damaged. In serious cases, you will be sentenced. An overdraft that exceeds the prescribed limit or within the prescribed period and fails to repay it for more than three months after being called upon twice by the card-issuing bank is considered a malicious overdraft, which is a credit card crime.

Standards for filing cases of malicious credit card defaults

Legal analysis:

Malicious credit card overdrafts are likely to constitute a credit card crime, and will be prosecuted as a credit card case. The standard for filing a case must meet the corresponding amount, that is, the amount of malicious credit card overdraft is more than 50,000 yuan. "Interpretation of the Supreme People's and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstructing the Management of Credit Cards" Article 8 "Criminal Law of the People's Republic of China" Article 196

Law Basis:

Article 196 of the "Criminal Law" Whoever 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 and 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, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; , and be subject to a fine of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation: (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 264 of this Law.

What should I do if I default on a credit card maliciously?

Malicious default on a credit card is a criminal case and criminal penalties will be imposed. If someone maliciously defaults on a credit card loan and fails to repay it, and the amount reaches a certain level, it will constitute a credit card crime and require criminal liability. If the public security organ files a case and has repaid all the overdraft interest before the people's judgment is pronounced, he may be given a lighter punishment. If the circumstances are minor, he may be exempted from punishment.

Legal Basis

Article 196 of the "Criminal Law"

Whoever conducts credit card activities under any of the following circumstances and the amount is relatively large shall be punished with a fine of 5 Under 10 years of age 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 penalty 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; A fine of not less than RMB 10,000 but not more than RMB 500,000 or property confiscation may be imposed: (1) for using a counterfeit credit card; (2) for using an expired credit card; (3) for fraudulently using another person’s credit card; (4) for malicious overdraft.

What are the penalties for malicious credit card defaults?

The consequences of malicious credit card defaults:

1. The borrower needs to bear the liability for default on the credit card, which is usually high. Amount of penalty interest and liquidated damages;

2. Being subject to collection by banking institutions;

3. If the credit card is overdue for 90 days, it may also be charged by banking institutions.

Legal basis

Article 119 of the Civil Procedure Law

The following conditions must be met:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts and reasons ;

(4) It falls within the scope of the people's acceptance of civil litigation and the jurisdiction of the people subject to the lawsuit.

This is the introduction of how to judge malicious default on credit cards.