Current location - Trademark Inquiry Complete Network - Overdue credit card - What should I do if my husband swipes his wife’s credit card but doesn’t pay it back?
What should I do if my husband swipes his wife’s credit card but doesn’t pay it back?

Legal analysis: You can only pay back the money first, and then ask the husband to pay back the money. If it can be proven that the money used by the husband was for personal use and not for the couple, the wife can ask for repayment of the money in divorce and may also be compensated for damages. If the amount is large enough to constitute a crime, you will be sentenced in accordance with the law.

Legal basis: "The People's Republic of China and the Civil Code"

Article 1,079 If one spouse requests a divorce, the relevant organization may mediate or directly seek divorce. Divorce proceedings were initiated in the People's Court. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted. If mediation fails under any of the following circumstances, divorce shall be granted: (1) Bigamy or cohabitation with others; (2) Domestic violence or abuse or abandonment of family members; (3) Gambling, drug abuse and other bad habits that persist despite repeated admonitions; (4) Separated for more than two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between the couple. If one party is declared missing and the other party files for divorce, the divorce shall be granted. After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Article 1091: If one of the following circumstances leads to divorce, the party without fault has the right to claim damages: (1) bigamy; (2) cohabitation with others; (3) execution Domestic violence; (4) Abuse and abandonment of family members; (5) Other major faults.

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other serious circumstances If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be 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 steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.