2. Overdue repayment will be recorded in the personal credit report, but negative information such as overdue repayment is not always recorded in the personal credit report. At present, China's credit record has been maintained for five years. After paying off the debt, anyone can start building a credit record again and start again.
3. Legal basis: Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and fails to return it for more than 3 months after repeated reminders from the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
4. If the credit card is in arrears, it will constitute a statute of limitations:
(1) Within seven days: telephone and SMS notification.
The bank will think that you have forgotten to repay the loan or your turnover is not working. Generally, you will only be reminded by phone or SMS to remind you that you can repay through the "minimum repayment amount" function, which is not included in the credit report at this time.
(2) Within 30 days: submit a credit report and double the penalty.
If the bank fails to pay it back in time after notification, the minimum repayment function should be turned off first, and then a big stain, one-time penalty interest and handling fee should be recorded on the personal credit report.
(3) Within 60-90 days: professional debt collection.
If you disappear within two to three months, the bank will start to contact your relatives and friends. If this doesn't matter, the bank can only ask the company to collect it. I believe that 30% overdue payment will make it difficult for you to find you.
(4) More than 90 days: judicial prosecution
As we all know, the last resort is for the bank to initiate a lawsuit to the court. If the court refuses to repay after the lawsuit and the amount owed exceeds 6.5438+0 million, the assets in your name will be frozen and blacklisted by the State Bank, and then you will be sentenced according to the criminal law: credit card fraud.
5. In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;
(two) squandering overdraft funds, unable to return;
(3) Escaping after overdraft, changing contact information and avoiding bank collection;
(4) evading or transferring funds, concealing property or evading repayment;
(five) the use of overdraft funds for illegal and criminal activities;
(six) other acts of illegal possession of funds and refusal to return them.
：
1, malicious overdraft, the amount of which is more than 1 10,000 yuan but less than 1 10,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
2. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions specified in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
3. Those who maliciously overdraw shall be investigated for criminal responsibility. However, after the public security organ files a case and before the people's court makes a judgment, if all the overdraft interest has been repaid, it may be given a lighter punishment, and if the circumstances are minor, it may be exempted from punishment. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
Friendly reminder:
If you go to jail for failing to pay back the credit card money within the time limit, you still have to pay it back after you get out of prison. How to calculate the interest and liquidated damages, so we must overdraw reasonably and don't overdue.