What should I do if the credit card is not paid back and the cardholder dies?

If the credit card is not paid back and the cardholder dies, the payment shall be repaid by the legal heir who inherits the estate, or by the spouse. If the legal heir does not inherit the inheritance, he does not need to repay the credit card debt. If the cardholder does not have a spouse or a legal heir to inherit the estate, the bank will not pursue the credit card debt from his relatives.

Bank regulations on death arrears are not comprehensive, and only some banks have relevant regulations on death arrears. Our country's "Succession Law of the People's Republic of China" and "Marriage Law of the People's Republic of China" have clear provisions on death arrears.

According to Article 33 of the "Succession Law of the People's Republic of China": The inheritance of the estate shall pay off the taxes and debts that the deceased should pay in accordance with the law. The actual value of the inheritance 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 gives up the inheritance, he will not be liable for the taxes and debts that the deceased should pay according to law.

According to Article 19 of the "Marriage Law of the People's Republic of China": If a husband and wife agree that the property acquired during the marriage shall be owned by each other, the debts borne by either husband or wife shall be regarded as If the three parties are aware of the agreement, the payment shall be settled with the property owned by either husband or wife.

Since death debts involve many issues, cardholders should go to banks and law firms to consult specific matters.

What to do if a credit card overdraft dies and the person dies: 1. If the credit card holder is married, the debt should be used to live together. , then the debts belonging to the joint spouses should be repaid by the joint property of the spouses, and the spouses will continue to repay them. 2. If the cardholder has an inheritance, he should first use the inheritance to pay off the debt, and then distribute the remaining inheritance. 3. If the cardholder has no inheritance or spouse, the credit card debt will be treated as bad debt.

Legal Basis

Article 1161 of the Civil Code The heir shall repay the taxes and debts that the deceased should pay according to law to the extent of 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 decedent should pay according to law.

What to do if someone dies before paying off the credit card

1. If the cardholder dies due to an accident, such as a car accident, medical accident, etc., the cardholder will definitely receive a sum of compensation. If the family members cooperate with the cardholder in repaying the card, the bank may take back the repayment. If the family members do not cooperate, the bank will recover the arrears. If the debt is greater than the legal fees, it is possible. If the debt is less than 500, it is basically considered a bad debt.

2. If the cardholder had property during his or her lifetime, a sum of money may be kept at home or in a bank other than the issuing bank of the cardholder's credit card. Immediate relatives can use this part to pay off the card debt.

3. 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 the card owner has any property or inheritance. If there is no property or inheritance, the bank will treat it as a bad debt.

4. Things other than bank deposits are houses. First of all, private houses cannot be bought or sold. Assuming it is a commercial house, if the area is less than 65 square meters, if the bank arrives, the judgment will not be executed.

5. The debt incurred by the overdraft credit card is the joint debt of the husband and wife and should be repaid by the joint property of the husband and wife. If the joint property of the husband and wife is insufficient to repay the debt, the cardholder shall have no other personal For property, the other spouse should still continue to repay.

The inheritance after the death of a citizen should be divided after the debts of the deceased have been paid off. If it is found after the division that the deceased has unpaid debts, the heirs should repay the relevant debts within the limit of inherited property.

What should I do if the credit card holder dies?

Legal analysis: After the card holder dies, if there is any debt on the credit card, the immediate family members shall be responsible for repaying it. If the card holder is alive, If there is property, it will be repaid by his property; if there is an inheritance, it will be repaid by the heirs of the inheritance.

1. 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 cooperates, the bank may recover the arrears. If they do not cooperate, the bank may at most pay. If the debt is greater than the legal fees, it is possible. If the debt is less than 500, it is basically considered a bad debt.

2. 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. How does the collection agency define his property during his lifetime?

3. 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.

4. Identification of heritage. Apart from bank deposits, things 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 arrives, the judgment will not be executed.

Legal basis: Article 70 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Under special circumstances, it is confirmed that the amount of credit card debt exceeds the cardholder's ability to repay and the cardholder still has the willingness to repay. Yes, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum period of a personalized installment agreement shall not exceed 5 years. The contents of the personalized installment repayment agreement should at least include:

(1) Arrears balance, structure, currency;

(2) Repayment cycle, method, currency, Date and repayment amount in each installment;

(3) Whether annual fees, interest and other fees will be charged during the repayment period;

(4) Cardholders will pay in personalized installments A commitment not to apply for a credit card from any bank before the relevant amounts of the loan agreement are fully settled;

(5) Rights, obligations and liability for breach of contract of both parties;

(6) Repayment Other matters related to payment.

This is the end of the introduction about what to do if the credit card owner dies and the debt owed to the credit card before death. I wonder if you found the information you need?