Non-malicious overdue:
If you just forget the repayment temporarily, or delay the repayment for some reason (such as going abroad), then it will not have any serious consequences to explain it to the bank in time.
Malicious overdue is different. You may face these problems:
To the light said:
1. Pay late fees and penalty interest.
Second, the central bank has left a bad credit record, which will hinder the handling of cards and loans in the future.
Three: Suffering from various short message collection, telephone collection, outsourcing collection, etc.
If you refuse to pay back the money, the bank will give you trouble. ......
There is such a provision about credit card crime in the criminal law: if the overdraft exceeds the prescribed limit or time limit and is not returned for more than 3 months after two collections, it is characterized as malicious overdraft. Those who maliciously overdraw 1 10,000 or more and are dissatisfied with 1 10,000 are deemed to be relatively large, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; From 65438+ 10,000 to 1 10,000, the amount is huge, and the sentence is more than five years 10 years.
In addition, you may be included in the "list of people who have broken their promises" (commonly known as the "blacklist of Lao Lai"), and what awaits you is a more serious "torture".
Torture 1: the only house that can be auctioned.
When the house is auctioned, the bank will only provide a small-area house for the executor according to the standard of low-rent housing to maintain his living needs.
Torture 2: Seizing and freezing online virtual accounts
The funds in online virtual trading accounts such as Alipay, mobile payment and WeChat payment also belong to the property of the executed person. Book a tourist room online, buy insurance, rent a house, date, etc. Will be restricted.
Torture 3: Online freezing and seizure of property
People can send electronic legal documents through the Internet and receive the result data and electronic receipts of financial institutions' inquiries, freezing, deduction and disposal. With a click of the mouse, the judge can inquire, freeze and deduct your financial property in more than 4,000 banking financial institutions across the country.
Torture 4: blacklist synchronization sesame credit, online shopping is limited.
The Supreme People and Sesame Credit signed a memorandum of cooperation on credit punishment for those who lost their trust. Sesame Credit cooperates with Taobao, Tmall, Chezhibao, Fun Staging and other application platforms, and comprehensively restricts the untrustworthy in consumer finance, ant small loans, credit cards, P2P, hotels, renting houses and renting cars through channels such as the Internet.
Torture 5: No boss, director, supervisor or senior manager.
Any natural person (Lao Lai) who refuses to repay all or part of the debts due and is included in the list of people at all levels in the country who have broken their promises will be punished by credit and may not serve as the legal representative, director, supervisor or senior manager of any company in the country.
Torture 6: Travel by sea, land and air is blocked.
Vehicles entering and leaving the expressway toll station will be temporarily detained and handed over by high-speed law enforcement; Can't buy a plane ticket; Trains can't buy soft sleepers, and ships can't buy second-class cabins; Can't take the first-class seat of high-speed rail and bullet train; Can't buy a private car. Water, land and air travel is blocked!
Torture 7: high consumption is forbidden and can no longer be willful.
You can't spend at will in hotels, hotels, nightclubs, golf courses and other places above the star level; Want to buy a house, decorate the house is not allowed; If you want to travel abroad or have a holiday, you can't; If you want to apply for a credit card and loan from the bank, it is difficult to pass the examination and approval!
Torture 8: Don't let children go to key private schools.
The Supreme People's Regulations: Parents are Lao Lai, and children are not allowed to attend private schools with high fees.
Torture 9: Pensions can be deducted directly.
The pension due to the person subjected to execution shall be regarded as the fixed income of the person subjected to execution and belong to the scope of his responsible property. According to Article 243rd of the Civil Procedure Law of People's Republic of China (PRC), people have the right to freeze or deduct. However, before freezing or deducting, the necessary living expenses of the person subjected to execution and his dependents shall be reserved.
Torture 10: the maximum sentence is 7 years.
From 20 15, 1 1, the criminal law amendment (IX) came into effect. Article 313 of the Criminal Law is amended as: "Whoever refuses to execute the people's judgment or ruling, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "
What happens if there is no credit card?
Legal analysis: First of all, overdue credit cards will affect personal credit records. If you have a bad record in personal credit, it will affect all kinds of credit card applications, going abroad and other financial services, such as mortgage and car loans. If it is not paid back for a long time, the bank will classify this part of the arrears as malicious overdraft and have the right to resort to justice. Secondly, credit card arrears are not a breach of contract, and banks can require cardholders to repay the principal, overdue interest, late fees, over-limit fees, legal fees and other expenses.
Legal basis: Criminal Law of People's Republic of China (PRC).
Article 196
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 and 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 false identification; (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.
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What happens if the credit card doesn't pay back?
If the credit card is not repaid, the bank will charge interest and late fees after the interest-free period. Overdue records will also be recorded in personal credit information, which will affect the handling of various credit businesses. If the payment is not made for more than 2 months, the bank will make a dunning. If you still don't pay after the phone call, it may be considered as a malicious overdraft and may be divided by liquidated damages. Article 196 of the Criminal Law stipulates that in 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 and 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 false identification; (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.
What will happen if the credit card fails to repay on time?
The consequences of credit card failure to repay on time are: failure to repay on time is overdue. Not only will there be a late fee of 5% for the unpaid part, but there will also be a penalty interest for the full amount of the statement (five ten thousandths of the daily interest, starting from the day of consumption and recovering the interest on a monthly basis until the principal and interest are paid off), and there will also be a bad credit record in the Credit Information Center of the People's Bank of China, which will seriously affect the application for credit cards and bank loans within five years. If the payment is overdue for more than three months or the bank makes more than two reminders, the bank will freeze your card and list it as a prohibited customer (blacklist). At the same time, credit cards and malicious overdrafts are enforced. Article 196 of the Criminal Law, in 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 and 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 false identification; (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.
What about credit card arrears?
What about credit card arrears?
What will happen to credit card arrears? Credit cards are basically available to everyone. With the development of economy, credit cards have entered everyone's wallet. This consumption habit of paying back the money first has been accepted by people. Let's take a look at the consequences of credit card arrears and related information.
What will happen to credit card arrears? 1
Consequences of non-repayment of credit card debt:
1. The debtor shall pay extra overdue interest and liquidated damages.
2. The debtor's personal credit report may produce bad records.
3. It may be enforced after taking it.
legal ground
Article 241 of the Civil Procedure Law of People's Republic of China (PRC).
If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property situation and the property situation one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or makes a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.
Article 242nd of the Civil Procedure Law of People's Republic of China (PRC)
If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people have the right to inquire about the deposits, bonds, stocks, fund shares and other property of the person subjected to execution from the relevant units. The people have the right to seal up, freeze, transfer or change the property price of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed by the person subjected to execution shall not exceed the scope of obligations that the person subjected to execution shall perform.
What will happen to credit card arrears?
1. If the credit card fails to repay for a long time, it will be punished by the bank. If the principal overdraft exceeds 1 10,000, the bank still refuses to repay, and may be subject to criminal punishment. The legal basis is as follows:
According to the Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (Fa Shi [2009]19):
Article 6 If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196. Malicious overdraft, the amount is more than 6,543,800 yuan but less than 6,543,800 yuan.
It should be recognized as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
2. Article 196 of the Criminal Law, in any of the following circumstances, if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or 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, 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.
What will happen to credit card arrears?
1. What happens if you owe your credit card?
If the credit card does not repay, there will be the following consequences:
1, high interest and late fees
If the cardholder fails to repay the credit card, he will no longer enjoy the interest-free period of the credit card, and will charge 0.5% interest every day from the date of consumption, and compound interest will be calculated monthly. If you owe tens of thousands of yuan in less than a few days, you will generate thousands of yuan of interest, and the longer the time, the higher the interest.
If the credit card fails to repay in time after the interest-free period, the bank will charge the credit card holder a late fee, accounting for 5% of the unpaid minimum repayment amount. After a certain period of time, the bank will charge the cardholder a higher penalty interest.
2. Personal credit stain
As long as you have applied for a credit card or loan, you will know how important your personal credit record is. It will be very difficult to apply for a credit card once your credit history is tainted. This is not the most troublesome. Worst of all, if you want to buy a house with a credit stain in the future, the loan amount of a mortgage will be less than others' interest rate, but higher than others' interest rate. If it expires, the bank won't lend it to you.
3. The credit card has been stopped.
If the credit card is not repaid, the bank will withdraw the revolving credit given to the cardholder and the credit card will be deactivated. For those who owe money for many times or for a long time, the bank will think that the cardholder's repayment risk is high, and will stop using the credit card and recover the arrears from the cardholder. If the bank still can't repay the credit card debt, the bank can apply for auctioning other fixed assets of the cardholder.
4. Malicious arrears will be sentenced.
If the credit card is overdue for more than three months, it will be regarded as malicious overdraft and the bank can initiate judicial proceedings. China's criminal law stipulates that if the credit card overdraws more than 50,000 yuan and the debt lasts for more than 3 months, the judicial organ will take corresponding measures (criminal detention of less than 50,000 yuan) if it refuses to repay after being urged by the bank for more than 3 times.
Second, the amount required for suspected credit card crimes.
According to the "Decision on Amending the Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management", if the amount of malicious overdraft is more than 50,000 yuan but less than 500,000 yuan, it is deemed as "a large amount"; If the amount is more than 500,000 yuan but less than 5 million yuan, it is deemed as "a huge amount"; If the amount is more than 5 million yuan, it is deemed as "the amount is extremely huge".
Nowadays, it is common for people to use credit cards, but this advanced consumption pattern has also brought troubles to some people. In the process of using credit cards, some people do not abide by the regulations of the state and the issuing bank, spend too much, exceed their own economic ability, resulting in difficulties in life, and the credit card debts owed cannot be repaid as agreed. In this case, it is necessary to bear many consequences, which may even be considered as a criminal offence, and thus be investigated for criminal responsibility according to law.
In contemporary society, almost everyone has a credit card because its function is very convenient. We can use credit cards when shopping, but credit cards also have the function of overdraft in advance, so some people will not estimate themselves accurately enough, so they will face many serious consequences if they don't pay.
What will happen if the credit card is not?
The essence of credit card is actually a personal credit loan product provided by the bank, and the money owed to the bank must be paid back. Credit card holders must repay their debts within the specified time after using their credit cards. If the credit card does not repay, it will have the following adverse consequences:
1. Personal credit is bad. If the credit card is not repaid, the cardholder will be overdue. At present, most banks offer cardholders a three-day grace period for repayment. After the grace period, it will be overdue, and the bank will upload the overdue records of users to the central bank for credit investigation, thus leaving a stain on the personal credit of cardholders. Now is the credit age. If the personal credit information is not good, then the later credit business will be affected.
2. Generate penalty interest. Credit cards can only enjoy the interest-free period if they are repaid on time within the prescribed time limit. Once the cardholder is overdue, the bank will charge an overdue fee. Overdue interest is calculated on a daily basis. The longer the time, the higher the overdue interest.
3. Collection by bank. Overdue credit cards will definitely face various collections from banks. Generally, if the overdue time is within 1 month, the bank will send a short message to remind the cardholder to repay the loan, and occasionally call for collection. If the overdue time reaches one month, the bank will collect more frequently, and if the overdue time reaches three months, the bank may outsource the collection work to a third-party collection agency. At this time, collection calls will be very frequent, which may affect the normal life of credit card users.
4. Next to the bank. If the credit card is overdue, the bank may detain the cardholder. According to the relevant laws and regulations of credit cards, if the cardholder's overdue amount reaches 50,000 yuan, and he still fails to return the arrears for more than three months after being collected twice by the bank, then the bank can consider the user overdue on the grounds of malicious overdraft. Once it is confirmed that the cardholder's malicious overdraft behavior is true, the credit card user will face situational responsibility.
5. Be included in the list of dishonesty. If the bank files a lawsuit and the cardholder refuses to repay after the judgment, it may be included in the list of dishonesty, which is what everyone calls Lao Lai. After becoming an old lai, not only is it hopeless to apply for a loan later, but even high consumption such as traveling abroad and flying will be restricted.
First, the earliest credit card appeared at the end of 19. In the 1980s, the British clothing industry developed the so-called credit card, followed by the tourism and business sectors. However, at that time, the card could only be used for short-term commercial credit, and the money had to be paid back as needed. There was no long-term default and no credit line. In 1950s, McNamara, an American Manhattan credit expert, dined in a restaurant. Because he didn't bring enough money, he had to ask his wife to send money. This made him feel embarrassed, so he organized DinersClub (English: Diners Club). Members can bring their dining charge cards to 27 designated restaurants for consumption without paying cash. This is the earliest credit card. Franklin National Bank was the first bank to issue credit cards, and other American banks followed suit.
Second, the word "credit card" originally refers to this financial product introduced in this post, but before that, savings cards without credit cards or even any credit card functions were popular in China. So the real credit card can only be called "credit card". A real credit card has the following characteristics: it is not allowed to deposit cash in advance, it can be repaid after consumption, it can enjoy an interest-free repayment period, it can be repaid in installments (the minimum repayment amount), and it can join international credit card organizations such as VISA, MASTER and JCB for global use.
Thirdly, China's credit card market is still one of the fastest growing product lines in China's personal financial services market. Although the economic benefits of the industry are full of challenges, the average annual growth rate of credit card issuance in China will remain at around 65,438+04% in the next 65,438+00 years, and the profitability will also tend to improve. It is predicted that the cumulative number of credit cards issued in China will exceed 800 million in 2020. According to China Brand Power Index (C-BPI) Brand Ranking and Analysis Report, the top three credit card brands are China Merchants Bank, Industrial and Commercial Bank of China and China Construction Bank. Among them, China Merchants Bank ranked first in China's credit card industry for the seventh time with an advantage of 523 points, and China Industrial and Commercial Bank ranked second with 466 points.
Let's talk about what will happen if the credit card is not.