Credit card debts will not affect family members, because credit cards have personal limits based on personal credit status. After the cardholder dies, the bank will first deduct the relevant arrears from the deceased's repayment account. If the account balance is insufficient, the bank can take legal proceedings and have the court enforce the execution of the personal property in the name of the deceased and all property held by the deceased. The portion belonging to the deceased is used to repay the debt. In addition, if a family member inherits the deceased's estate, they need to repay the deceased's debts, but they can bear the repayment responsibility within the scope of the inherited estate. If a family member relinquishes their inheritance rights, they do not need to pay the debts of the deceased.
Legal basis: 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; 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 if there are other particularly serious circumstances, 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 counterfeit 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. 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.
The consequences of overdue credit card repayment
The consequences of overdue credit card repayment are serious, so overdraft consumption should be moderate. Although the biggest feature of a credit card is its overdraft function, it actually constitutes a lending relationship between the customer and the bank. Failure to repay when due may not only cause legal disputes, but also bear high penalty interest. Most importantly, it will form a bad credit record, which will have a negative impact on future work and life.
1. Consequence 1 of overdue credit card repayment: high penalty interest. After a credit card defaults, the penalty fees usually involved are recurring interest fees and late payment fees. Revolving credit is essentially a small, unsecured loan that accrues interest on a daily basis. If the full amount is not repaid on the final payment date, revolving credit interest will accrue on the next statement, and the interest will be charged from the date the consumption is recorded. Calculate interest.
2. Consequence 2 of overdue credit card repayment: legal disputes. Violent debt collection on credit cards has become a hot topic. Many bank credit card centers outsource credit card repayment collection to some so-called "debt collection companies." These companies vary in quality and use rough debt collection methods, causing great trouble to customers.
3. The third consequence of overdue credit card repayment: leaving a "credit stain" in the national credit reporting system. As long as you have applied for a card or taken out a loan at a bank, your own "credit report" will be automatically generated in the system. The "stains" in this report cannot be ignored. It will affect the application for various types of loans and insurance. , job hunting, studying abroad, etc. Bad records are generally retained abroad for 7 years. Citizens’ overdue negative records will no longer remain with them for life. If they can repay their loans on time and in full for five consecutive years, their credit will be clean.