1. The bank reported the case to the public security organ:
If the cardholder's credit card debt reaches 50,000 yuan, and the credit card has not been repaid for more than 3 months after being collected by the bank twice, it is regarded as malicious overdraft of the credit card, which constitutes a credit card crime, and the cardholder needs to bear criminal responsibility. The bank reports the case to the public security organ and provides the public security organ with written materials stamped with the official seal of the bank.
2, the public security organs to verify the materials:
The public security organ will verify the report materials submitted by the bank and collect the criminal evidence of the cardholder, such as the information registered when the cardholder opens an account, the effective collection voucher of the bank, the amount owed by the cardholder, and the transaction flow. , to see if the cardholder uses the credit card for the purpose of illegal possession, which violates the credit card management regulations;
3, the public security organ for credit card filing:
If the collected evidence can fully prove that the cardholder maliciously overdraws the credit card and constitutes a credit card crime, the public security organ will file a case for investigation, and then report it to the cardholder in the form of public security law. This may take about 4 months, but it does not rule out detaining the cardholder first.
Legal basis:
Article 19 of the Criminal Procedure Law of People's Republic of China (PRC) shall be investigated by public security organs, except as otherwise provided by law. Crimes such as illegal detention, extorting confessions by torture, and illegal search. The people's procuratorate may file a case for investigation of illegal acts found by judicial personnel in the process of legal supervision of litigation activities. If a major criminal case of a functionary of a state organ under the jurisdiction of a public security organ needs to be directly accepted by a people's procuratorate, it may be placed on file for investigation upon the decision of a people's procuratorate at or above the provincial level. Cases of private prosecution are directly accepted by the people.
Standard for filing a case by the credit card overdue economic investigation brigade
The standard of filing a case for overdue credit cards by the Economic Investigation Brigade: the criminal facts that need to be investigated for criminal responsibility belong to the jurisdiction. If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and fails to return it after being urged by the issuing bank, it constitutes malicious overdraft.
legal ground
Article 196th of the Criminal Law of People's Republic of China (PRC)
Under any of the following circumstances, those who engage in credit card activities with a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
I owe Guangfa Bank more than 10,000 credit cards, which I haven't paid back for a month, but it's not enough for the minimum repayment. If the bank wants to file a case, I will discuss with the filing team to change it slowly.
Did the bank say it was filed? He is not from the public security court, so ignore him (but when the bank calls you, you have to make excuses and so on). ), but you have to guarantee the minimum repayment amount every month. Even if 1-2 months is not paid, the minimum repayment amount will be paid in the third month, because the bank has a limit of 90 days. After 90 days, the bank can think that you owe money maliciously, so the third one. I hope I can help you!
The so-called filing group of the bank is actually some dunning companies found by the bank, which magnifies the problem and makes you feel that the problem is very serious. Five months at the most, and I haven't paid back a penny. I paid it off in one lump sum in the sixth month, and the bank had nothing to say. Then I went to the bank to cancel my card. The bank made all kinds of excuses and asked you to use it, but I insisted on canceling it! ! I hope I can help you!
What are the legal procedures for handling credit cards? You will know after reading it!
Although credit card has brought great convenience to our life, it has also caused many people to commit crimes because of credit card. Once it is identified as a credit card crime, the public security law will file a case, and once the case is established, the cardholder will be investigated for criminal responsibility. Of course, the public security organs should also go through legal procedures. The following is an introduction to the relevant processes.
Under normal circumstances, credit card cases are filed because of credit card crimes. Credit card crimes refer to acts that are not returned for more than three months after being effectively collected by banks for the purpose of illegal possession. Generally, the bank reports the case to the public security law or, it is also possible that the cardholder surrenders himself. No matter what kind of case is filed, the following legal procedures must be followed.
I. Acceptance of filing materials
After repeated unsuccessful collection, the bank can report the case to the public security organ, or the cardholder voluntarily surrenders to the public security organ, and then the public security organ requires the parties to truthfully state the incident and make a record, read it out or submit it to me for reading, and then let them sign or seal it. It is also necessary to provide stamped written report materials, the registration information of the suspect when opening a card account, or the bank bill and bank collection notice certificate of the stolen or cheated credit card user information.
Two, explain the legal responsibility of false accusation and frame-up to the accuser and the prosecutor.
Filing a case is seeking truth from facts, being loyal to facts, and being loyal to the law, but it cannot be falsely accused. False accusations should also be investigated for legal responsibility. These staff who accept complaints and reports must make it clear in advance.
Three. Review of filing materials
The public security organs need to check and investigate the materials they accept, mainly to examine whether the events that have happened belong to credit card cases. If it is a crime, it depends on whether criminal responsibility should be investigated. Generally, the facts related to the crime are understood mainly by reviewing evidence or evidence clues, so as to decide whether to file a case.
Four, the handling of filing materials
Here is divided into filing and not filing. If filing a case requires the bank or cardholder to fill in the filing report form, then make a filing request report and submit it to the person in charge of the organ or department for approval before making a decision on filing a case. Finally, the person in charge of examination and approval shall sign or seal it; If the case is not filed, the staff will make a notice of not filing the case.
What does it mean to hand over Guangzhou's credit card to the filing team?
It is an exclusive department set up by the bank to deal with people who don't pay back the money.
Then submit the information, if you don't appear in court after receiving the summons, you will make a judgment by default, and then enter all the bank accounts of the debtor for enforcement. If you don't pay off in this life, let alone buy a house, your pension will be implemented.
Those who enter Lao Lai's list will basically have nothing in the future.
This concludes the introduction of credit card filing group and credit card filing. I wonder if you found the information you need from it?