Legal subjectivity:
We know that credit cards can be overdrafted, but they need to be repaid within a specified period. If the repayment is not made, the bank can sue. So, do family members still need to repay the credit card debt after someone dies? Today, the editor has compiled the following content to answer your questions. I hope it will be helpful to you. After the cardholder dies, if there is any debt on the credit card, the family members (immediate relatives) should be responsible for repaying it. Or if the cardholder had property during his lifetime, his property will repay it. If there is an inheritance, the heirs of the estate will repay it. But there are many details here: First: 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. Second: If the cardholder had property during his lifetime, there may be a sum of money left at home, or there may be a bank other than the issuing bank of the cardholder's credit card, then the bank has the principle of keeping confidentiality for depositors. How does the collection agency define his property during his lifetime? Third: If the cardholder dies due to an accident, such as a car accident, or a doctor's death, etc. Then you may get a compensation payment. If the family members cooperate, the bank may recover the arrears. If they do not cooperate, the bank may sue the family in court. If the debt is greater than the legal fees, you may sue. If the debt is less than 500, it will basically be considered a debt. Fourth: identification of inheritance. Things other than bank deposits 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 sues to the court, the court will not enforce the judgment. Based on the above reasons, if the cardholder dies, the bank can only collect the credit card debt as much as possible. If the debt cannot be collected, it will be considered a bad debt. How to determine who is responsible for bill repayment after the cardholder dies. As mentioned above, the debt incurred by using a credit card is the joint debt of the spouses and should be repaid by the spouse. If the joint property is not enough to repay the debt, and the cardholder has no other personal property, the other spouse should still continue to repay it. . Inheritance after the death of a citizen should be divided after the debts of the deceased have been paid off. If it is discovered after the division that the deceased has unpaid debts, the heirs should repay the relevant debts within the limit of inherited property. Article 1159 of the Civil Code stipulates that "the inheritance shall pay off the taxes and debts that the deceased should pay according to law. The taxes and debts paid shall be limited to the actual value of his estate. The excess of the actual value of the estate shall This does not apply if the heir voluntarily repays the inheritance. If the heir abandons the inheritance, he will not be liable for the taxes and debts that the decedent should pay according to law. "Objective Law:
"The People's Republic of China and the People's Republic of China. Article 1161 of the Code: The heir shall pay off 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 deceased should pay according to law. Article 1162 of the "People's Republic of China and Civil Code" The execution of a legacy shall not hinder the payment of taxes and debts that the legatee shall pay in accordance with the law.