1. How to repay the credit card debtor after his death
1. If the heir does not have the ability to repay, the bank will check whether the deceased has any property or inheritance. , if it is possible that the debt can be offset, if not, it is generally considered a bad deal.
2. If the cardholder dies due to an accident, he may receive some compensation. At this time, if the family can cooperate, the bank may be able to recover some of the arrears. However, if the cardholder is unwilling to cooperate and the bank owed The loan is indeed relatively large, and the bank can only sue the court and resolve it legally.
Because there are currently no clear regulations and explanations on how to repay credit card debts after death. Therefore, if the cardholder dies, although the bank will try its best to collect the debts, if If you really can't recover it, you can only count it as a bad debt.
"Civil Code"
Article 1,161 Principles for the settlement of taxes and debts of the decedent. The heir shall pay the taxes and debts of the decedent within the actual value of the inheritance received. The decedent shall pay according to law. taxes and debts. This does not apply to the amount that exceeds the actual value of the estate and is voluntarily repaid by the heirs.
If the heir gives up the inheritance, he will not be liable for the taxes and debts that the decedent should pay according to law.
Article 1,162 The principle is that the payment of taxes and debts of the deceased shall take priority over the execution of the legacy. The execution of the legacy shall not hinder the payment of the taxes and debts that the legatee shall pay according to law.
Article 1,163: If there is both statutory inheritance and testamentary inheritance, or the payment of taxes and debts at the time of bequest, if there is both statutory inheritance and testamentary inheritance, or there is a legacy, the legal heir shall pay off the debts. The taxes and debts that heirs should pay in accordance with the law; any part that exceeds the actual value of the legal inheritance shall be paid off by the heirs and legatees in proportion to the income from the inheritance.
2. What will the bank do if the credit card is overdue?
The "China Bank Card Industry Self-Discipline Convention" stipulates that if the credit card is delayed for up to 3 days and the repayment difference is less than 10 yuan, the bank will not Then charge penalty interest. The "Convention" stipulates that banks provide cardholders with long-term services, send repayment reminders through text messages, emails, etc. at least 3 days before the due date of repayment, and provide at least a 3-day repayment period. In other words, if the cardholder repays the money within 3 days after the specified repayment date, the bank should treat it as full repayment at the same time, without penalty interest. Note: 3 days refers to natural days, not working days.
The bank also provides tolerance services for cardholders, that is, if the cardholder has insufficient repayment in the current period, and the outstanding amount is less than or equal to a certain amount (at least the equivalent of RMB 10), he should The cardholder shall be deemed to have repaid the amount in full.
After a credit card is overdue, banks usually use the following forms of collection:
(1) SMS collection
Mainly targeted at early cardholders who have overdue repayments. Behavior is generally 7 to 15 days overdue, and text messages mainly serve as reminders.
(2) Telephone collection
Mainly for overdue behavior that exceeds 30 days and exceeds one billing period, telephone reminders are made for repayment.
(3) Door-to-door collection
Mainly for overdue payments of more than 90 days, the bank will arrange collection personnel to visit the cardholder’s residence or work address to collect repayment.
(4) Court prosecution
Mainly if the card is overdue for more than six months, the bank will apply to the court and require the cardholder to sue for repayment.
(5) Outsourced collection
Mainly for overdue funds of more than one year, the bank will package the overdue funds and give them at a discount to an outsourced collection company, which will be responsible for collecting overdue debts.
After the debtor dies, his or her estate needs to repay the credit card debt. The overdue interest on credit cards is 0.05%. In addition to the overdue interest, you also need to pay a late fee. Overdue credit card behavior is a civil act and needs to be solved by civil methods. You can explain the situation to the bank that issued the card and apply for installment repayment; you can also borrow money from relatives and friends to repay the debt.