1. When you receive a person who claims to be the legal department of the bank, you should first ask his work number, and then tell him that you want to take the whole of conversation record down now, and then continue the conversation.
You should tell him that your credit card application didn't fabricate facts and conceal the truth. On the right track with the approval of the bank, there is no fraud!
3. You have a good willingness to repay, and you are willing to communicate and coordinate with the bank to make a repayment plan acceptable to everyone. This repayment plan should be made according to the actual situation, not what he says and how to do it. Even if the court loses the case, the executive department of the court will consider the situation comprehensively.
4. According to Article 196 of the Criminal Law, the determination of malicious overdraft should have three elements, one of which is necessary: one is for the purpose of illegal possession; If it is returned, but the economic situation is not good, it does not constitute a malicious overdraft.
5. If they have "external pressure" in the process of collecting money, that is, find your relatives, friends, work units, etc. You must tell them clearly that you are an independent civil actor and that your debt is personal, not your parents' or your company's. Even if criminal responsibility is investigated, no one will bear joint and several liability.
Therefore, if the cardholder overdraws beyond the prescribed time limit and fails to pay it back for more than three months, it constitutes the crime of credit card fraud, and the bank has the right to bring a lawsuit against the cardholder in conjunction with the local judicial authorities.
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