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Reply to credit card inability to repay

Legal analysis: 1. Respondent: name, gender, date of birth, ethnicity, education level, work unit, occupation, and address. (If the respondent is a unit, the name of the unit, the name and position of the legal representative, and the address of the unit should be stated); 2. Respondent: name, gender, date of birth, ethnicity, education level, work unit, occupation, and address. (If the respondent is an organization, the name of the organization, the name and position of the legal representative, and the address of the organization should be stated.) In this case (state the cause of the case, that is, the nature of the dispute), the respondent will respond as follows: **; 3. Request Matters: (State the purpose of the defense) Request the court to determine that the plaintiff is reasonable and legal in accordance with the law, and the litigation costs shall be borne by the plaintiff; 4. Facts and reasons: (State the factual and legal basis for the defense, which should be based on the questions raised by the plaintiff, Put forward a defense, refute the facts, laws and claims relied on by the plaintiff and state the reasons why they cannot be established); 5. Finally: Sincerely, Respondent of the People's Court: (Signature or seal) Year, month and day

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 shall also be fined 20,000 yuan. A fine of not less than 50,000 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances who 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 have property confiscated: (1) Using a forged 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.