What are the penalties for surrendering a credit card overdraft?
Surrendering is of little significance. What the bank wants is your repayment. Even if you surrender, it will not affect the sentencing. Article 196 of the Criminal Law stipulates that under one of the following circumstances, if you conduct credit card activities and the amount is relatively large, If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than ten 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, a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation shall be imposed: (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still not returning the money after being called by the card-issuing bank. You belong to the fourth situation. Malicious overdraft is the main form of risk in the credit card business and is a part of the credit card. A credit card overdraft is a short-term overdraft granted by the credit card issuer to the cardholder within a specified limit when making purchases with the card. For credit cards, allowing "spend first, repay later" and overdraft are important features. For debit credit cards, "deposit first, then spend", but on the premise that it is determined to be a bona fide overdraft and repayment is guaranteed, cardholders are also allowed to overdraft an appropriate amount within a short period of time when they are in urgent need of funds. Overdraft interest is generally much higher than that of bank loans in the same period, and card issuers have a complete set of measures to prevent and pursue overdraft risk losses. For credit cards, allowing "spend first, repay later" and overdraft are important features. For debit credit cards, "deposit first, then spend", but on the premise that it is determined to be a bona fide overdraft and repayment is guaranteed, cardholders are also allowed to overdraft an appropriate amount within a short period of time when they are in urgent need of funds. Overdraft interest is generally much higher than that of bank loans in the same period, and card issuers have a complete set of measures to prevent and pursue overdraft risk losses.
What are the regulations for surrendering overdue credit cards?
1. What are the regulations for surrendering overdue credit cards? Defaulting on a credit card is not necessarily a crime. Only if you use a credit card, it is possible to commit a credit card crime. If a person is suspected of a crime and surrenders, he should be given a lighter punishment or be exempted from punishment. If a cardholder maliciously overdrafts a credit card of more than RMB 10,000 for the purpose of illegal possession and fails to return it for more than three months after two collections by the card-issuing bank, he will be held criminally responsible for credit card crimes. Appropriate sentencing of those who surrender is the guarantee for the correct implementation of the leniency system for surrender. According to the general principles of sentencing stipulated in China’s Criminal Law and judicial practice experience, it is generally believed that the general principles of sentencing for surrender should grasp the following three points: 1. Main basis Facts of crime. The surrender of a criminal can end the continued harm to society caused by his crime, but the damage caused to society will not be eliminated by surrendering. When a criminal surrenders, he only expresses his attitude toward the crime he committed and does not change the original facts of his crime. Therefore, when deciding the sentencing of criminals who surrender, the judges must base their criminal facts as the main basis. In judicial practice, judges first draw up a range of punishment based on the severity of the surrendered person's crime and the relevant laws, and then combine the lenient circumstances of the surrender. Therefore, they must grasp the degree of severity and achieve appropriate severity and leniency, so as not to indulge in unnecessary punishment. 2. Consider the circumstances of surrender in detail. Mainly include: (1) The time of surrender. The sooner or later the criminal surrenders, the sooner or later the criminal repentes; it also explains the duration of the criminal's criminal behavior and the harmfulness to society. (2) Reasons and motives for surrendering. The criminal's confession, repentance, and repentance after committing the crime are the three major elements of the motive for surrendering. If the attitude of repentance is good, surrendering also shows the degree of remorse, which should also be considered when sentencing; (3) The confession of the crime Condition. Whether the confession of the crime is thorough and proactive also shows whether the surrenderer is sincerely repentant; (4) whether the criminal has taken the initiative. Judges must pay attention to these four major circumstances when sentencing.
2. What is the sentencing standard for the crime of credit card? Article 196 of the "Criminal Law" falls under one of the following circumstances. Whoever conducts credit card activities and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan and 20 yuan. A fine of not more than 10,000 yuan; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than ten 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, the fine shall be not less than five years but not more than ten years. Or, 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 invalid 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. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law. To sum up, defaulting on an overdue credit card does not generally constitute a crime. It still depends on the subjective consciousness of the perpetrator. Only intentional defaulting can be considered a credit card crime. According to the criminal procedure, a case will be opened for investigation. If he surrenders, a lighter punishment will still be considered during sentencing.
I owe a credit card and have no money to pay back. I received a text message telling me to surrender to the police station. What should I do?
Many people use credit cards now. Credit cards also bring a lot of convenience to our lives. Everything has two sides. Many people first use credit cards to solve urgent needs. As more and more people choose to use credit cards in advance, For consumption, many people who have no money will choose credit cards to solve their problems. But some people use their credit cards excessively and end up in a situation where they cannot pay their bills. How should they deal with overdue credit cards?
We all know that overdue credit cards will generate a certain amount of penalty interest, and the corresponding records will also be entered into the central bank's credit reporting system. In serious cases, it may even constitute a crime. Nowadays, when many people find that they cannot pay off their credit cards, they will try their best to solve the problem and do not want to have late repayments. The consequences of an overdue credit card are quite serious. Not only will the bank charge a certain amount of overdue interest, but you may also face the risk of card suspension. It is unlikely that you will apply for a credit card at another bank, and your personal credit report will also be stained.
If the bank cannot receive the arrears, it will not choose to give up the recovery, and the user will also face the following consequences.
Late payment fees will be generated
If the credit card is overdue, the bank will collect late payment fees based on the daily interest rate of 0.05, and will also collect them in the form of monthly compound interest. This also means that if The longer the user is overdue, the more fees they will incur and the greater the pressure they will face.
Faces and fines
When using credit cards, we must know that if the amount of our credit card debt is as high as 10,000 yuan, and the bank has repeatedly called for collection without success, and the following three If no repayment is made within the month, it will be judged as a malicious overdraft. In the end, many may face suspicion of credit card fraud. The final result is detention, and they may even face huge fines. Overdrafts of about 10,000 to 100,000 may face a sentence of less than 5 years, and those of 100,000 to 1 million may face a sentence of 5 to 10 years.
Collection
Initially, when overdue repayment occurs, a text message will be sent for collection, which only serves as a reminder. If it is still overdue after more than 90 years, the bank will have professionals go directly to the company or place of residence to collect the payment. If there is no repayment for more than six months, the bank will choose to apply for assistance and make repayment directly.
If the credit card cannot be repaid, we can also take some methods to reduce the chance of adverse consequences:
Minimum repayment
Credit card repayment is the same as Huabei , you can choose the minimum repayment. As long as the cardholder can make the minimum repayment on the repayment date, it will also be regarded as normal repayment. Although it is very likely that it will accumulate more and more in the future, the problem at hand is first Solving it seems to be a good choice.
Apply for delayed repayment
Although some people are unable to repay the loan on the day of repayment, they can repay it soon afterwards. In that case, they can also choose to contact the bank’s customer service to arrange the repayment. Just postpone the date. Some people also say that if you can't pay off your credit card, banks won't be able to deposit one yuan or a small amount of money into the card every month. I don't know if this statement seems to be true, but everyone should not try this behavior.
Nowadays, many people use credit cards. Everyone should consider their own circumstances and avoid excessive consumption.
Is it credible that the Public Security Bureau calls you to surrender if your credit card is overdue?
If it is really the Public Security Bureau that calls you, it is because of the credit card issue. If this situation is true, you are not simply overdue on your credit card, but your credit card has been overdue for a long time and has not been paid back, so you have to cash out. The credit card issuance center has repeatedly urged you to repay, but you have ignored it and will not take the initiative to repay if it is not timely. Even after the credit card issuing center blacklists you, you still do. They had no choice but to report the case to the Public Security Bureau, which opened a case on suspicion of credit card fraud.
Go to the Public Security Bureau to verify it.
My credit card is overdue and the bank wants me to surrender. What should I do?
Hello. Please pay it back as soon as possible, if there is a bad record.
can be eliminated. Don't worry.
In "Mingke Zhengxin Clothing Co., Ltd.".
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2. "The city is narrow": Liu Zongyuan's "Guizhou Pei Zhongcheng Zuo Zijiazhou Pavilion" contains: "Guizhou Duoling Mountain is steep and erected, and there are forests everywhere." This is consistent with what Liu Zongyuan recorded.
3. River width: refers to the water width of the Lijiang River. Jiang refers to Guijiang and Lijiang. "Tongdian": "There is Lishui in Guizhou, which is called Guijiang; there is also Lishui, also called Lijiang."
4. Extreme territory: a very far away place, here it refers to Guizhou "Qiongya" connects the two states, Qiong is now Qiongshan in Guangdong Province, and Ya is now Ya County in Hainan Province.
5. "Northwest" sentence: This sentence is made from "Nineteen Ancient Poems": "There are tall buildings in the northwest, and the tops are even with the floating clouds." Gaolou, or Xueguanlou, can be found in "Guihai Yu Heng Zhi".
6. God protects the green maple bank: It is a southern custom that maple trees have gods. According to "Southern Vegetation and Trees": "There are many maples between the five ridges. Over time, tumors and galls will appear. If there is a thunderstorm overnight, the tree growths will be three to five feet long. They are called maple people. The more shamans use them to make magic. , has a spiritual experience.”
That’s it for the introduction of credit card surrender.