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Will a case be filed if I owe 3,000 on my credit card?

A case will not be filed if you owe 3,000 on a credit card.

The penalty for malicious overdraft that fails to meet relevant regulations is NT$10,000. However, civil liability is required and it is recommended to return it in time.

Credit cards are divided into credit cards and quasi-credit cards. Credit cards refer to credit cards in which the cardholder has a certain credit limit and can consume within the credit limit and then repay; quasi-credit card It refers to a quasi-credit card in which the cardholder deposits a certain amount of reserve fund as required. When the reserve account balance is insufficient to pay, the cardholder can overdraw within the prescribed credit limit. The so-called credit card generally refers to a credit card only.

The consequences of overdue credit card repayments are as follows:

1. Incurring high interest rates. Under normal circumstances, overdue interest on credit cards is charged at a daily interest rate of 0.05%, and is compounded on a monthly basis. Over time, it will still have a big impact;

2. Go to the central bank for credit reporting. It has almost become inevitable for users to be reported to the central bank's credit reporting system after overdue payment. This will have a huge negative impact on future loan approvals and credit card applications. It can be said that the possibility of successful credit-related banking services is almost gone.

Legal Basis

"Interpretations 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 Obstructing Credit Card Management"

Article 6: If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and fails to return the card for more than three months after two effective collections by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. .

For the purpose of illegal possession, the cardholder’s credit record, repayment ability and willingness, the status of applying for and overdrafting the credit card, the purpose of the overdraft funds, the performance after the overdraft, and failure to comply with regulations should be considered. The reasons for repayment and other circumstances shall be judged. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required.

If any of the following circumstances occurs, it shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law, but there is evidence to prove that the cardholder does not possess illegal possession. Exceptions for purposes:

(1) Overdrafts that cannot be returned due to large amounts of money knowing that one has no ability to repay;

(2) Overdrafts that cannot be returned after applying for a credit card using false credit certificates ;

(3) After overdraft, evade bank collection by hiding, changing contact information, etc.;

(4) Escape, transfer funds, hide property, and evade repayment;

(5) Using overdraft funds to carry out criminal activities;

(6) Other situations of illegally possessing funds and refusing to return them.