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What will the bank do if the bank's credit card overdraft cannot be paid and the person involved dies?

After the death of the cardholder, if there is any debt on the credit card, the family members (immediate relatives) should be responsible for repaying it, or if the cardholder had property during his lifetime, his property will repay it. If there is an inheritance, There is an heir to the inheritance who will pay it back.

First: If the immediate family member does not have the capacity for civil conduct or the ability to repay the loan, the bank will look at whether there is any property or inheritance. If there is no property or inheritance, the bank will consider it a bad debt.

Second: If the cardholder had property during his lifetime, a sum of money may be kept at home, or may be stored in a bank other than the issuing bank of the cardholder's credit card, then the bank has the principle of keeping depositors confidential. It depends on how the collection agency defines his property during his lifetime.

Third: If the cardholder dies due to an accident, such as a car accident or a doctor's medical malpractice. Then you may get a compensation payment. If the family members cooperate, the bank may recover the arrears. If they do not cooperate, the bank may sue the family in court. If the debt is greater than the legal fees, you may sue. If the debt is less than 500, it will basically be considered a bad debt.

Fourth: Identification of inheritance. Things other than bank deposits are houses. First of all, private houses cannot be bought or sold. So, if the area of ??commercial housing is less than 65 square meters, if the bank sues to the court, the court will not enforce the judgment.

Based on the above reasons, if the cardholder dies, the bank can only collect the credit card debt as much as possible. If the debt cannot be collected, it will be considered a bad debt.

Legal basis

1. When the debtor dies, the bank can sue the debtor’s legal heirs and guarantor (if there is a guarantor);

2. The legal heir of the debtor shall be responsible for repayment within the scope of the inheritance share, and the guarantor shall be responsible for repayment within the scope of the guarantee;

3. If the amount of the debt exceeds the value of the inheritance, the heir shall not Obligation to repay, but if willing to repay, the court will support it;

4. The inheritance should pay off the taxes and debts that the deceased should pay according to law. The taxes and debts paid by the deceased should be paid according to the actual value of his estate. is limited. 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 abandons the inheritance, he will not be liable for the taxes and debts that the decedent should pay according to law

Article 1161 of the Civil Code The decedent In principle, the heir shall pay off the taxes and debts that the deceased should pay according to law within the actual value of the inheritance received. 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 deceased should pay according to law.

Article 1162: The principle of paying off the taxes and debts of the deceased shall take precedence 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: Payment of taxes and debts when there is both statutory inheritance and testamentary inheritance, or when a bequest is made. If there is both a statutory inheritance and a testamentary inheritance, or a bequest, the legal heir shall pay off the debts. The taxes and debts that heirs should pay in accordance with the law; the portion exceeding the actual value of the legal inheritance shall be paid off by the heirs and legatees in proportion to the income from the inheritance.