The ex-husband’s failure to repay his credit card debt may affect his ex-wife. If the debt is a personal debt of one party, it generally does not affect the ex-wife. But if the debt is a joint debt between husband and wife, it will affect the ex-wife. That is, the joint debts of husband and wife must be repaid by both parties. If the property of *** Copper is insufficient to repay or the property belongs to Luo Zi, the two parties shall agree to repay the debt. If the agreement fails, the People's Court shall make a judgment.
The husband’s credit card overdraft is unable to be repaid on time, and the wife’s personal property will be implicated.
The Marriage Law stipulates that debts during the existence of a husband and wife are joint debts of the husband and wife, and the husband and wife have the joint responsibility to repay them. However, the wife can be exempted from liability in the following circumstances:
1. If the debt owed by the husband’s credit card overdraft is not used for the family or the joint expenses of both husband and wife;
2. The credit card overdraft Occurs before marriage
After the bank sues, the court will take property preservation and other measures, such as freezing the cardholder's bank deposits. After the judgment is made, it will be enforced. If you still fail to repay the loan after enforcement, you will need to bear criminal liability. At the same time, the overdue situation will also be recorded in the personal report, which will seriously affect personal credit and have a relatively large adverse impact on future applications for credit cards, mortgages, car loans, etc.
If the credit card is overdue for more than 3 months, the minor will need to pay the principal, late payment fees and interest; if the bank sues, he may also be sentenced.
1. As long as the money is owed, the bank may sue, which is decided by the bank;
2. If the amount of the debt is more than 10,000 and has been approved by the issuing bank twice, If the amount is not returned more than 3 months after the first collection, it shall be deemed as a "malicious overdraft" under the criminal law and suspected of credit card fraud;
3. The amount of malicious overdraft is relatively large and the entire amount has been repaid before the public security organ files the case. If the overdraft interest is obviously minor, criminal liability may not be pursued in accordance with the law
Legal Basis
"Criminal Law of the People's Republic of China"
First Article 196 The crime of credit card fraud falls under one of the following circumstances. If the amount of credit card fraud is relatively large, the person 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 is If the amount is extremely huge or there are other particularly serious circumstances, the offender 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. A fine of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation may be imposed:
(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.
Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "Article 1064 of the People's Republic of China and Civil Code"
Debts borne by both spouses with the same consent, such as the signature of both parties or the subsequent ratification by one of the spouses, etc. As well as the debts borne by one spouse during the marriage relationship in his own name for the daily needs of the family, they are the joint debts of the husband and wife.
Debts borne by the husband and wife in their own names beyond the daily needs of the family during the marriage are not joint debts of the couple; however, the creditor can prove that the debt is used for the joint purpose of the husband and wife. Exceptions include life, sex, production and operation, or based on the consent of both spouses.