because there are patients in the family who need money badly, Xiao Wang not only borrows money from friends and makes online loans, but also overdraws his credit card.
Later, when he paid back the money, Xiao Wang sold his house because he really didn't have any cash in his hand. However, after returning the money from selling the house to his friends, he found that the rest was not enough to repay the credit card and online loan at the same time. So he hesitated about which to repay first.
let's listen to the lawyer's opinion on this issue.
first of all, let's compare the consequences of non-repayment of credit cards and online loans.
credit card, if it is not repaid, what punishment will we face:
? Punishment on the credit information system
? Civil prosecution
? Criminal
Online loan, if it is not repaid, we will face the penalty result:
? Harassment, violent collection and other unconventional ways (informal online lending)
? Civil prosecution (formal online lending)
Specifically, the consequences of credit cards may be more serious.
secondly, let's compare their respective interest rates.
the interest on credit cards will be higher than that on ordinary deposits. In addition, we have to bear compound interest, late fees and so on. But no matter how high the interest rate is, it will be within the scope permitted by law.
as anyone who may have borrowed online loans knows, regular online loans are fine, while informal online loans are horribly high. If you borrow thousands of dollars, you may need to pay back tens of thousands of dollars, and its interest rate is likely to exceed the interest rate stipulated by law by n times.
then from this point of view, online lending is not even more terrible!
Although it is tied for the time being, we still need to look at these two points:
1. How much is the credit card owed, and how long will it take to bear criminal responsibility?
According to the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, if the amount of malicious show-off is more than 5, yuan, and it is still not returned for more than three months after being effectively collected by the issuing bank twice, it meets the conditions for filing the crime of credit card fraud.
note: assuming criminal responsibility does not mean that you don't have to pay back this debt. Because criminal responsibility is not exempt from the debt, but after you come out, you still need to pay back the money.
2. Does non-repayment of online loans constitute criminal responsibility?
under normal circumstances, the loan contract reached on the online lending platform belongs to the category of private lending and is regulated by civil law. If it is not repaid, the platform can only investigate the debtor's liability for breach of contract according to the contract, and is not subject to criminal law.
There is a saying in the criminal law that "there is no clear stipulation that there is no crime", which embodies the principle of a legally prescribed punishment for a crime in the criminal law. Therefore, online lending is only a civil contractual relationship. If it is not repaid, it will bear civil liability for breach of contract and will not bear criminal responsibility.
So, if we owe loans to both credit cards and online lending platforms, we should try our best to pay them back. If the repayment ability is really limited, then the credit card arrears should be given priority.
Of course, there is another problem here. For irregular online loans, we should also keep evidence and make complaints or prosecutions in time, otherwise your arrears will not only roll up, but also be collected.