1. If the police really file a case, they can arrest the suspect of malicious overdraft.
2. There are three criteria for filing a malicious overdraft crime: overdraft principal of 10,000, overdue for three months or more, and two or more debt collections that have not been repaid.
3. Pay off your credit card debt as soon as possible to avoid putting yourself in jail.
Judicial Qualification
If you are overdue for more than three months or have not repaid the bank's reminders more than twice, the bank will freeze your card and classify you as a prohibited customer (black customer) list), and will also sue you for credit card fraud and malicious overdraft, and the court will enforce it. If you refuse to repay after being sued and the amount you owe exceeds RMB 10,000, the court will impose a sentence based on Article 196 of the Criminal Law for the crime of credit card fraud!
Consequences
Don’t underestimate this bad debt. It is a very serious overdue situation in the credit report, and its severity is far beyond that of ordinary overdue debts.
To put it bluntly, as long as the word bad debt appears on your credit report, it means that you will be completely isolated from banking business, such as applying for a credit card or applying for a loan, etc., no matter how you think about it, It is in vain, and if it is not dealt with, then the bad debt will follow you for a lifetime. Even if the debt is paid off for some bad debts, the record on the credit report will still be retained.
Solution
As long as you can prove that it is not a malicious overdraft, and you have a good willingness to repay. Be sure not to answer the bank's phone calls and be sincere. I won't really come to catch you!
If conditions permit, you can repay part of it. If you can, pay it all back, because this record will count for 5 years from the time you pay off the money.
Extended information:
Types
1. Frequent overdrafts. Cardholders repeatedly withdraw cash from credit card branches that are very close to each other at a very high frequency, accumulating a small amount of money and occupying a large amount of cash in the bank in a short period of time.
2. Multi-card overdraft. Cardholders apply to multiple banks and open multiple accounts. The cardholders repay old overdrafts and develop multiple debts, resulting in inability to repay.
3. Overdraft in another place. The communication equipment used by cardholders in my country is still underdeveloped, information on cash withdrawals from other places cannot be summarized in time, and "emergency stop payment notices" are difficult to be delivered in time. Crimes are committed across the country and wanton overdrafts are committed.
4. Collude with each other to overdraft. First, cardholders cross each other and provide chain guarantees, applying for credit cards at different banks for overdrafts. The second is that cardholders and staff of special merchants collude with each other to obtain bank funds through fake purchases and other methods. The third is that cardholders collude with bank employees internally and externally to use credit card overdrafts.
Credit overdraft
(1) The overdraft limit is exceeded. Whether the overdraft limit is exceeded shall be determined by whether the balance of the credit card account exceeds the limit;
(2 ) The principal and interest of the overdraft has not been repaid within the prescribed period and the overdraft continues;
(3) Failure to obtain authorization from the card issuer before exceeding the limit or overdrafting, including evading authorization
(4) The overdrafter has the subjective intention to illegally occupy the funds of the issuing card.
Behavioral methods
Malicious overdraft behavior includes two basic behavioral methods:?
First, overdraft exceeding the prescribed limit, that is, exceeding the provisions of the credit card regulations or the issuing bank Overdraft is allowed.
The second is overdraft beyond the prescribed period, that is, the principal and interest are not repaid within the prescribed time. Generally speaking, malicious credit card overdraft behavior will leave a bad credit record in the card-issuing bank and affect the cardholder's personal credit.
Baidu Encyclopedia-Malicious Overdraft