Current location - Trademark Inquiry Complete Network - Overdue credit card - Will a wife's overdue credit card affect her husband?
Will a wife's overdue credit card affect her husband?
If the husband's credit card is overdue, it will affect his wife. Although the husband's overdue credit card has nothing to do with himself, it is his personal loan, and the wife can still borrow money for consumption, and the two will not have any impact. Where there are other provisions in the law, such provisions shall prevail. Although the overdue situation will only be reported to the husband's personal credit report, it will damage the husband's credit, while the wife's credit will not be affected. However, if the husband's credit card consumption is used for family life and various expenses, once sued by the issuing bank, the court will judge this as a joint debt of husband and wife, which needs to be repaid by both husband and wife.

What are the consequences of credit card overdraft?

urge sb for payment

Calling means that if you don't deposit money into your credit card account on the final repayment date stipulated by the bank, the bank will initiate a repayment call to you. Common dunning methods include telephone dunning and letter dunning.

Expired record

If you don't deposit the due amount (or the minimum repayment amount) into your credit card on the last repayment date, the bank will classify your credit card as overdue. Overdue credit cards will be included in the personal credit information system, forming a credit stain. The overdue records of banks are shared, so if you are overdue in one bank, other banks will reject your credit card application, and then you will be rejected if you want to apply for a mortgage or car loan from that bank.

Legal punishment

If the credit card is overdue, if it is a malicious overdraft, the excess may constitute crimes such as credit card fraud.

According to Article 196 of the Criminal Law of People's Republic of China (PRC), the crime of credit card fraud refers to the act of using forged or invalid credit cards or using others' credit cards to defraud public and private property with a large amount for the purpose of illegal possession.

Once convicted and sentenced, you will leave a criminal record, which will not only be punished, but also affect your later life.

Credit card malicious overdraft may go to jail, but not all large overdue debts are called malicious overdraft.

Whether it constitutes a malicious overdraft must meet several conditions:

Your credit card is overdrawn.

You have the purpose of illegal possession.

The perpetrator is presumed to have the purpose of illegal possession under the following circumstances:

(a) knowing that there is no repayment ability, a large number of overdrafts can not be returned;

(2) After applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned;

(3) evading bank collection by hiding or changing contact information after overdraft;

(4) Withdrawing or transferring funds, concealing property or evading repayment;

(five) the use of overdraft funds for criminal activities;

6. Other illegal possession of funds and refusal to return them.

The issuing bank made two effective collections, and the borrower failed to pay the arrears for more than three months.