I owe more than 10,000 yuan on my credit card, but I still can’t pay it off. I have received a summons. Will I go to jail and how long will my sentence be?
If you owe more than 10,000 yuan on your credit card and still cannot pay it off, you have already received a summons and will generally not go to jail. If it is a malicious overdraft and the amount is more than 10,000 yuan but less than 100,000 yuan, it shall be deemed as a "large amount" and be sentenced to 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.
Legal Analysis
Being unable to repay the credit card debt is a civil matter and will not lead to jail time. If it is a malicious overdraft, you may be held criminally responsible. 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 3 months after two collections by the card-issuing bank, he will be held criminally responsible for credit card crimes. Credit card crime refers to the act of violating credit card management regulations, using credit cards to carry out activities, and defrauding a large amount of property for the purpose of illegal possession. The use of credit cards generally refers to the use of counterfeit or invalid credit cards, or the fraudulent use of other people's credit cards or malicious overdrafts. The credit card crime is a type of crime. The relationship between the crime and the crime is the special law and the general law. In this crime, the credit card is a criminal tool. If the perpetrator uses the credit card as a criminal tool, the special law shall prevail over the general law. In accordance with the principle, the person shall be convicted and punished for this crime. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. Malicious overdrafts should be investigated for criminal liability, but if all overdrafts and interests have been repaid after the public security organ files the case and before the people's judgment is pronounced, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.
Legal Basis
Article 196 of the "Criminal Law of the People's Republic of China" Under any of the following circumstances, if a credit card activity is carried out and the amount is relatively large, a fine of five 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 are other serious circumstances, the sentence shall be not less than five years but not more than 10 years, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; for special amounts If the circumstances are huge or there are other particularly serious circumstances, the penalty shall be not less than ten years or more, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificate (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. 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.
I owe the bank 10,000 yuan on my credit card. What will happen if I don’t pay for it in three months? How much is the interest?
If you owe money to a bank or credit card, you have to pay back the money you borrowed! If calculated based on three months and 90 days, the interest of 10000x90x0.005% is approximately 450-500 yuan. (Covering recurring interest) \ Overdue payment not only has a late payment penalty of 5% of the minimum unpaid portion, but also a penalty interest on the full amount of the bill (daily interest rate of 0.5%, interest will be calculated starting from the day of consumption, and interest will be charged monthly until the principal and interest are paid off). It will produce a bad credit record in the Credit Reference Center of the People's Bank of China, which will seriously affect your application for credit cards and bank loans within 5 years. If you are overdue for more than three months or fail to repay more than two bank reminders, the bank will freeze your card and list you as a banned customer (blacklist). At the same time, your credit card and malicious overdraft will be enforced. If you later refuse to repay and the amount you owe exceeds RMB 10,000, you will be sentenced according to Article 196 of the Criminal Law: Credit Card Crimes! \\Article 196 of the Criminal Law stipulates that anyone who engages in credit card activities under one of the following circumstances 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 but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances If the amount is particularly huge or there are other particularly 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; The following fines or confiscation of property: \(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.
\Malicious overdraft refers to the behavior of a cardholder who overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still fails to return the money after being called by the card-issuing bank
Will I be jailed if I owe more than 10,000 to a credit card?
If the bank declares to you that a penalty is required, you need to go to jail. According to Chinese law, you will be sentenced to jail if you owe 10,000 yuan on a credit card, so you may face the risk of jail if you owe 10,000 yuan. But the premise is that the verdict is pronounced, and only then will the legal effect be enforced, and then your only option is to go to jail. Therefore, try not to owe money if you can. The penalty will be based on the credit card crime in Article 196 of the Criminal Law.
Article 196 of the Criminal Law stipulates that anyone who engages in credit card activities with a relatively large amount shall be sentenced to 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 are other serious circumstances , shall be sentenced to not less than five years but not more than ten years, and shall also be fined 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 50 years but not more than 10 years, and also to a fine of not less than 50,000 yuan but not more than 500,000 yuan; Fines or confiscation of property.
Main Features of Credit Cards
Pre-deposit of cash is not encouraged. Spend first and repay later. Enjoy an interest-free repayment period. You can repay in installments (with a minimum repayment amount). Join VISA , MasterCard, JCB and other international credit card organizations so that it can be used globally.
It is one of the fastest growing financial services today and is an electronic currency that can replace traditional cash circulation to a certain extent.
Has both payment and credit functions. Cardholders can use it to purchase goods or enjoy services, and can also obtain certain loans from card issuers by using their credit cards.
It is a high-tech product integrating financial business and computer technology.
Can reduce the use of cash currency.
It can provide settlement services to facilitate shopping and consumption and enhance a sense of security.
It can simplify the collection procedures and save social labor.
Can promote product sales and social demand.
Credit card repayment methods
The methods within the card issuing bank include: card issuing bank counter, ATM, online banking, automatic transfer, telephone banking repayment, etc. After repayment, the credit card limit will be restored immediately, and the payment will generally be credited to the account after the system processes it on the same day.
WeiBank POS mobile phone and WeiBank Tong POS mobile phone are a mobile financial system personal payment terminals that can be used to directly repay by swiping cards, as well as perform transfers and other services. Instant payment!
Transfer/remittance repayment is mainly divided into two methods: inter-bank inter-bank in the same city and inter-bank inter-bank in different places. Regardless of the method of transfer or remittance, the remittance bank will charge a certain fee. At the same time, the time it takes for the money to arrive and the convenience of repayment are not as good as intra-peer repayment, online repayment, convenience store repayment and other methods.
The more common domestic online platforms for online repayment include: UnionPay Online, Kuaiqian, Shengfutong, Alipay, Tenpay, etc. Depending on the platform and bank you choose, the charging standards and specific payment arrival time will be different.
This method of convenience store repayment is mainly completed through the "Lakala" smart payment terminal installed in the convenience store. Generally, the payment time takes 2 to 3 working days. At the same time, using this There is no handling fee for repayment.
Counter repayment counter refers to bank cards issued by various networked financial institutions, which can be used to conduct RMB current deposit and withdrawal transactions through the counters of other bank branches registered in the UnionPay exchange center host system.
The "Xinpaytong" smart credit card phone for repayment is an innovative electronic product independently developed by China UnionPay, certified by the Bank Card Testing Center, and supported by financial services provided by China UnionPay's inter-bank information exchange network.
Use "Repayment Tong" to make repayments, and the fees are generally charged according to the fee standards for intra-city inter-bank transfers and long-distance inter-bank remittances stipulated by the local People's Bank of China.
Other methods In addition to the methods mentioned above, card issuers have also opened their own unique repayment methods in order to facilitate cardholders' repayment.
What should I do if I owe more than 10,000 yuan on my credit card and still can’t pay it off?
If I owe 10,000 yuan on my credit card but have no money, I can borrow it from relatives and friends first and pay it back. The consequences of owing money on a credit card: 1. Overdue interest will be penalized, with interest of 0.5% per day. 2. The bank will pursue the claim. 3. If the bank fails to recover, it will report overdue information to the Personal Credit Reference Center of the People's Bank of China. As a result, personal default information is notified throughout the financial industry, making it impossible to apply for business with other financial institutions.
As an individual, once your personal credit information is hacked in the banking industry, it will actually be very difficult for you in the future. 4. You may ask the bank for repayment. Now you have no money to pay back, but as long as there is money in your bank account, it will be directly deducted. 5. If you fail to return it, you may be suspected of credit card crime. You need to go to jail.
Will you be jailed if your credit card is overdue for more than 10,000 yuan?
You will be fined if you default on your credit card for more than 10,000 yuan, but this is a civil matter and you will not be jailed, and your assets will also be enforced. In addition, arrears will cause serious problems for personal credit reports, causing them to be unable to get loans. Those who refuse to repay after being judged will also be classified as dishonest persons, which will restrict their high consumption behavior. Whether you should go to jail if you owe RMB 10,000 on an overdue credit card depends on the specific circumstances. If it is a civil lawsuit, the cardholder only needs to bear the corresponding civil repayment liability and will not go to jail. However, if the person still refuses to repay the arrears and refuses to execute the judgment, he will be suspected of refusing to execute the judgment or ruling, and he will still need to bear corresponding criminal liability. If the bank files a criminal complaint, the cardholder will be held criminally responsible and may be imprisoned.
This is the end of the introduction on whether you will be charged if you owe 10,000 on a credit card and if you owe 10,000 on a credit card. I wonder if you found the information you need?