The credit card report notification letter is genuine.
1. According to Article 6 of the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards": if the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, the card shall be If the bank fails to return the money more than three months after two effective calls, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
2. To determine whether illegal possession is for the purpose of illegal possession, the cardholder’s credit record, repayment ability and willingness, status of applying for and overdrafting the credit card, the purpose of the overdraft funds, performance after the overdraft, and future The judgment shall be made based on the reasons for repayment and other circumstances. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required.
3. If one of the following circumstances occurs, it shall be deemed as “illegal possession for the purpose” as stipulated in Paragraph 2 of Article 196 of the Criminal Law, but there is evidence to prove that the cardholder does not possess the Except for the purpose of illegal possession:
(1) Overdrawing a large amount of money while knowing that there is no ability to repay, and being unable to return it;
(2) Using false credit certificates to apply for a credit card and overdrafting, and being unable to return Returned;
(3) After overdrafting, evading bank collection by hiding, changing contact information, etc.;
(4) Escape, transfer funds, conceal property, and evade repayment
(5) Using overdraft funds to carry out criminal activities;
(6) Other situations of illegally possessing funds and refusing to return them.
Extended information:
1. If the collection of credit card debts meets the following conditions, it shall be deemed as "effective collection" as stipulated in Article 6 of this Interpretation:
(1) After the overdraft exceeds the prescribed limit or the prescribed period;
(2) Collection should be carried out in a way that can confirm the cardholder’s receipt, except where the cardholder intentionally evades collection;
p>(3) There shall be at least thirty days between two collections;
(4) The relevant regulations or agreements on collections shall be complied with.
2. Whether it is a valid collection should be based on the phone recordings, information delivery records, letter delivery receipts, email delivery records, signatures of the cardholders or their family members, and other collections provided by the card-issuing bank. Make judgments based on original evidence materials. Relevant evidence materials provided by the card-issuing bank should have the signature of bank staff and the official seal of the bank.
Henan Provincial Higher People’s Court-Specific Application Law on Handling Criminal Cases of Obstructing Credit Card Management