What should I do if my credit card is overdue?
First, communicate with the credit card center in a timely manner, explain the reason for the overdue credit card, and obtain the credit card center’s understanding;
Second, Negotiate solutions with the credit card center and strive to reach a feasible settlement plan;
Third, after reaching a settlement plan, it is recommended that the credit card center withdraw the lawsuit and ensure subsequent repayments on time according to the plan;
Legal basis:
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention and shall also be sentenced to: A fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the penalty shall be not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances If the case is illegal, the person shall be punished with a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft.
What does it mean to file an investigation for overdue credit card?
Explain that the credit card is suspected of being a credit card and malicious overdraft. After the bank reports the case, the Public Security Bureau will file a case for investigation. If it is true, it will file a public prosecution with the procuratorate. Please pay off your credit card balance promptly. As soon as the cardholder's credit card is overdue, the bank will contact the public security organs to file a case. Public security organs usually open cases against credit cards when malicious overdrafts constitute credit card crimes. When a cardholder's overdue credit card debt is too large and the payment is overdue for a long time, and the bank cannot contact the cardholder, it will contact the public security organs to file a case.
Legal Basis
According to Article 196 of the "Criminal Law": Malicious overdraft means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and the card is issued The act of not returning the money after being called upon by the bank.
Credit card overdue filing process
1. First, after the bank has repeatedly called for payment, if the party still fails to repay, the bank will file a civil lawsuit. 2. If the civil case applies to the simplified procedure, it is three months, the normal procedure is six months.
3. If the party concerned still refuses to return the property after civil adjudication. The case may be transferred to the public security organs for investigation and formally established as a criminal case.
4. After the investigation by the public security organ was completed, the case was transferred to the procuratorate for public prosecution, accusing the party of malicious overdraft, which constituted a credit card crime.
Legal basis:
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: A credit card holder exceeds the prescribed limit or prescribed period for the purpose of illegal possession. Overdraft and failure to repay the card after being called upon by the card-issuing bank is a malicious overdraft. If the amount is more than 10,000 yuan, it constitutes a credit card crime.
Standards for overdue credit card registration
The standard for overdue credit card filing is a debt of more than RMB 10,000 that has been collected twice and not returned for more than three months.
Legal Analysis
The standards for filing overdue credit card cases are as follows: If the amount owed reaches more than 10,000 and is not returned for more than 3 months after two collections by the card-issuing bank, it shall be deemed It is a "malicious overdraft" under the criminal law and is suspected of credit card crime. If the amount of malicious overdraft is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. When a credit card holder fails to repay the credit card overdue, the bank that issued the credit card can file a lawsuit on the grounds of private lending, requiring the credit card holder to repay within a time limit or enforcing the property in the name of the credit card holder. A malicious overdraft on a credit card refers to an overdraft behavior in which the cardholder exceeds the prescribed limit or prescribed period for the purpose of illegal possession, and the collection by the card-issuing bank is invalid. Malicious overdraft is the main form of risk in the credit card business and is a part of the credit card. For card issuing banks, it is the most common and extremely harmful risk. Therefore, correctly analyzing the causes of malicious credit card overdraft risks and proposing reasonable and effective preventive measures are of great significance to reducing the losses of card-issuing banks and promoting the healthy development of credit card business.
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. Cardholders apply to multiple banks and open multiple accounts. The cardholders repay old overdrafts and develop multiple debts, resulting in inability to repay. 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.
Legal Basis
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Under any of the following circumstances, if a credit card activity is carried out and the amount is relatively large, a five-year fine shall be imposed. 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, the sentence shall be not less than five years but not more than 10 years, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; for special amounts If the circumstances are huge or there are other particularly serious circumstances, the penalty shall be not less than ten years or more, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-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.
Will the public security bureau file a case if the bank reports an overdue credit card?
Legal analysis: Generally, the public security bureau will not file a case for an overdue credit card, only if the amount involved is relatively large and the person cannot be contacted. Next, the police will only file a case when the bank calls the police. After a credit card case is filed for investigation, the bank or the public security bureau will usually send a formal notification via email. If you repay the money in time, you'll be fine. If you don't repay the money and you disappear, the Public Security Bureau will find him. However, there are now many so-called text messages under investigation, and a large part of these are text messages. Everyone should also consider whether it is true based on their own circumstances to avoid being deceived. If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the money after being called by the card-issuing bank, it may constitute a credit card crime. If there are criminal facts or a criminal suspect is discovered, the public security organs shall file a case for investigation according to their jurisdiction.
Legal basis: Article 109 of the "Criminal Procedure Law of the People's Republic of China" When the public security organ or the People's Procuratorate discovers criminal facts or criminal suspects, it shall file a case for investigation according to the scope of jurisdiction.
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined 20,000 yuan If the amount is extremely large or there are other serious circumstances, the fine shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, A fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using a voided credit card (3) Pretending to use other people’s credit cards; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-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.
This concludes the introduction to overdue credit card filing and asking me to sign for overdue credit card filing. Have you found the information you need?