It is very important for the bank to see your attitude and take the initiative to explain the actual situation to the local card department of the issuing bank. Don't avoid it, or the bank will think that you have defaulted maliciously. Even if it can't be repaid in full, try to show sincerity in part.
2. In case of default, you can bring a lawsuit to the court:
Other collection methods are invalid, and the overdraft principal and interest exceeds 1000 yuan;
Grasping the property information such as customers' arrears of deposits requires court freezing and judgment;
Because the arrears are not prosecuted by the same industry, they need to participate in the collection together.
3. Overdue records will automatically enter the credit information system of the People's Bank of China, and banks do not need to report them. Bad records will not be cancelled after settlement, and will not be overwritten in the system until 24 months after settlement. The credit information system can only find the records of the last 24 months.
Credit card malicious overdraft: refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than 3 months after repeated collection by the issuing bank.
Consequences of malicious overdraft of credit card:
1, resulting in bad credit records;
2. Interest: the daily interest is calculated at 0.05%, and the interest is calculated from the consumption bookkeeping date;
3. Late payment fee: 5% of the unpaid part of the minimum repayment amount will be used as late payment fee, which will be collected monthly;
4. The bank will sue;
5. No credit business shall be conducted in this bank within 5 years from the date of paying off debts.
If the credit card is not repaid, the bank will collect it through multiple channels. If repayment is indicated and a repayment plan is made, the bank will not report it as a criminal case. If you refuse to repay, the bank will generally sue through civil channels, and if you don't repay, you will start the reporting procedure. If the police do not repay after filing a case, it may constitute credit card fraud. Specific legal provisions are as follows:
Article 196 of the Criminal Law Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(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.
Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management
Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;
(two) squandering overdraft funds, unable to return;
(3) Escaping after overdraft, changing contact information and avoiding bank collection;
(4) evading or transferring funds, concealing property or evading repayment;
(five) the use of overdraft funds for illegal and criminal activities;
(six) other acts of illegal possession of funds and refusal to return them.
Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed 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.