Current location - Trademark Inquiry Complete Network - Overdue credit card - What are the legal consequences if your credit card is overdue?
What are the legal consequences if your credit card is overdue?

The consequences of not paying back your credit card overdue are: first, your personal credit report will be affected. There are many types of overdue credit cards. Some overdue credit cards will not have an impact on your personal credit score. For example, short-term overdue credit cards will not be a big problem if you only make up the money you owe after one or two days of arrears. However, if there are too many short-term overdue payments, there may be problems with derating and card blocking, which will affect mortgage loans for buying houses and cars in the future. Long-term overdue payment is more serious. If you have not repaid the loan for more than two or three months, the staff will call you to collect the loan when it is overdue in the first one or two months, and the attitude will be better. If the repayment is overdue for about three months, and some people even change their contact information and block collection calls in order to avoid collection, these behaviors have constituted a malicious overdraft, and they may be held criminally responsible. Second, high penalties and interest. Third, attracting lawsuits. If the borrower fails to repay the money, the bank can file a lawsuit in court; if the borrower loses the lawsuit, he will not only have to face the assets being auctioned to repay the debt, but also need to bear litigation fees, preservation fee enforcement fees, and lawyers. Fees and other expenses.

Article 676 of the "People's Republic of China and Civil Code" If the debtor fails to repay the loan within the agreed time limit, he shall pay overdue interest in accordance with the agreement or relevant national regulations.

"Credit Reporting Business Management Measures" Article 20 The retention period of personal bad information collected by credit reporting agencies is 5 years from the date of termination of the bad behavior or event. When the retention period for personal adverse information expires, the credit reporting agency shall delete the adverse personal information from external services and applications; if it is used as sample data, it shall be anonymized.

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of 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 person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined 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 the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate (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 steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.