Current location - Trademark Inquiry Complete Network - Overdue credit card - Is the credit card prosecution civil or criminal?
Is the credit card prosecution civil or criminal?
legal subjectivity:

It depends. Ordinary debt is a civil case. If the debtor overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being collected twice by the issuing bank, it is a malicious overdraft, which constitutes a crime of credit card fraud. It is a criminal case and will be investigated for criminal responsibility. Legal objectivity:

Article 667 of the Civil Code of the People's Republic of China is a loan contract in which the borrower borrows money from the lender, returns the loan at maturity and pays interest. Article 676 of the Civil Code of the People's Republic of China If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or relevant state regulations. Article 68 of the Civil Code of the People's Republic of China prohibits lending at high interest, and the interest rate of borrowing shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Borrowing between natural persons is deemed to have no interest.