The prosecution usually takes about 120 days.
If the credit card is maliciously overdrawn for more than RMB 1 10,000, and the cardholder fails to return it for more than 3 months after being collected twice by the issuing bank for the purpose of illegal possession, it is suspected of the crime of credit card fraud, and it can be investigated and investigated for criminal responsibility. If all overdraft interest has been repaid before the public security organ files a case, if the circumstances are obviously minor, the punishment may be mitigated or criminal responsibility may be exempted.
Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and refuses to return it for more than three months after being collected twice by the issuing bank.
1.30 Within 30 days, the customer service department of the credit card center will call and send text messages, and within 30 days and 90 days, the collection department will call and send text messages and send emails many times, and the bank will inform you.
2.90 days or more, to the legal department. In the early stage, it will usually be returned by lawyer's letter or telephone. Later, the preparation materials will be handed over to the investigation, or directly prosecuted, or handed over to the low-level tripartite company for home collection.
3. Prosecution usually takes about 120 days.
According to the provisions of China's criminal law, cardholders who overdraw beyond the prescribed time limit and are not returned after being collected by the issuing bank, cardholders who use forged credit cards, etc. , the amount is relatively large, can be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and impose a fine of not less than 20 thousand yuan but not more than 200 thousand yuan.
If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Article 54 of the Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs [Credit Card Fraud (Article 196 of the Criminal Law)] If a person is suspected of credit card fraud, he shall file a case for prosecution under any of the following circumstances:
(1) Using forged credit cards, or using forged identity documents to defraud credit cards, or using invalid credit cards, or fraudulently using other people's credit cards to engage in fraudulent activities, with an amount of more than 5,000 yuan;
(2) Malicious overdraft, the amount of which is more than 1 10,000 yuan.
The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank.
Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
Penalty interest will be charged if it is overdue. From the overdue date, default interest will be charged at the agreed interest rate 150% every day until the payment is overdue. Your overdue record will be collected by the People's Bank of China, which will affect your credit record. Please cherish your credit and repay on time.
If loans overdue exceeds a certain period, the relevant records of overdue users will be transmitted to the personal credit information system of the central bank. In addition to uploading overdue information to the central bank's personal credit information system, Lending will continue to cooperate with third-party credit information agencies such as Qianhai Credit Information, Shanghai Credit Information and Pengyuanzheng Credit Information.
For loans that are overdue or not used according to the purpose agreed in this contract, interest will be charged at the default interest rate from the date when they are used in loans overdue or not according to the purpose agreed in this contract until the loan principal and interest are fully paid off.
For the interest that cannot be paid on time, compound interest shall be calculated at the penalty interest rate.
Article 207 of the Contract Law stipulates that "if the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations".