Being in prison is a violation of criminal responsibility, so let's take a look at the relevant criminal provisions on credit cards first:
Article 196 of the Criminal Law commits any of the following cases. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years, fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated:
(1) using a forged credit card or using a credit card fraudulently obtained with false identification;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft.
the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
in other words, whether a credit card overdue by 5, yuan should bear criminal responsibility depends on whether it constitutes a malicious overdraft.
Then the Scarecrow will tell you here how to avoid being recognized as malicious overdraft by the bank after the credit card is overdue, and even get the repayment opportunity of the bank to negotiate an extension.
face it correctly without losing contact or escaping.
In fact, the overdue rate of credit cards is still very high, but there are not many cases in which overdue credit cards lead to imprisonment. This is not because of the amount. But because of how the cardholder treats it correctly.
in fact, the most important thing is to face it correctly. After the credit card is overdue, we must face it correctly, don't evade it, and treat the bank's collection correctly. Whether it is the bank's own collection or the third party's collection, don't escape. Because, in any case, debt should be repaid, and creditors also have the right to take various forms of collection measures against debtors. Of course, except illegal means, after all, banks are formal financial institutions in the country and are also regulated by relevant national laws. If there are illegal acts in the process of collection, cardholders have the right to safeguard their legitimate rights and interests.
so, don't lose contact under any circumstances. In fact, most cases of overdue imprisonment of credit cards are due to the fact that cardholders have been missing for a long time. In fact, this is a very wrong behavior. You know, no one can escape in the era of big data.
If possible, pay back as much as possible and keep a continuous repayment behavior.
Although a credit card with a credit limit of 5, yuan may cost several hundred yuan at a time, it is not enough for overdue interest. But that doesn't mean you don't have to pay back the money. Because after all, the amount of 5 thousand yuan is relatively large, if the cardholder does not have any effective behavior in the process of bank collection to express the repayment attitude. In fact, it is also very likely that the bank will take criminal measures.
so, don't believe what many people say, the amount is too large, and it's actually useless to pay back dozens or hundreds at a time. You don't need those small debts, so try to keep your good willingness to repay, even if it's not clear yet, but you have been paying them back.
keep active communication with banks and try to negotiate repayment opportunities correctly.
whether it is a bank collection or a third-party company collection, in principle, their purpose must be to recover the principal in one lump sum. Of course, interest and liquidated damages will basically be provided to debtors for exemption at the time of collection. Therefore, cardholders have to communicate with the collection party, and basically they can't get satisfactory results.
Therefore, we must keep active communication with the customer service of the bank credit card center during the collection process. This can also express the debtor's positive repayment attitude, and it is best to pay it off in one lump sum. If it is really impossible to pay off in one lump sum, it will communicate with the bank to negotiate repayment in installments.
In short, as long as the three points mentioned by the Scarecrow are fulfilled, credit cards will not bear criminal responsibility in principle no matter how overdue.
I am a "scarecrow's debt", focusing on the actual cases of overdue credit cards, stop installment and personalized installment.
I have always respected my profession. Every debtor who successfully completes the installment of credit card payment through us is happy and relaxed from the heart. Finally, the debtor no longer needs to face the pain of collection and high interest and liquidated damages. Every "thank you" after the dust settles and the repayment is smooth is my motivation to stick to this job. I am willing to try my best to answer all debtors who have consulted me and solve their troubles.
I owe several credit cards over 5, yuan. What should I do if I don't pay them?
if more than 5, yuan is owed by multiple credit cards, it is necessary to communicate with the bank in time and negotiate the repayment plan. Otherwise, your personal credit will be affected for a long time and may even be punished by the bank.
1. Call the credit card center of the bank and declare the non-malicious arrears. If the term is short, the bank may not be a bad record;
2. When the credit card cannot be repaid due to unemployment, illness and other reasons, before the repayment period, the cardholder should take the initiative to contact the bank credit card center to explain his financial situation, declare that he is not in bad faith, and apply for deferred repayment or installment repayment;
3. When the cardholder voluntarily applies for deferred repayment, the bank will often agree to defer repayment, and the bank and the cardholder will agree on a repayment plan acceptable to both parties. In this way, the bank will not record bad records, but it must repay on time after applying for an extension;
4. Credit card repayment information will be rolled in the central bank's credit information system for 24 months, and the record of overdue credit card repayment will be kept in the credit information system for two years. If the card is found to be cancelled directly after it is overdue, the information will not scroll, but will be kept for a long time. Therefore, after the cardholder is overdue, it is best not to cancel the credit card immediately. It is best to stick to it for more than 2 years and then maintain a good credit record.
Consequences of overdue credit card:
1. First, if the credit card is overdue, there will be a late fee of 5% of the minimum repayment amount, and the bill will be fined in full. The average bank will calculate at .5% per day, and the interest will be compounded monthly.
2. overdue records will be included in the central bank's credit information system, and overdue records will be included in the personal credit information report. Bad records will be kept for 5 years, and the overdue amount is large. If the overdue amount exceeds 3 months in a row, it will seriously affect future mortgage, car loan and credit card applications, and the future credit life will also be seriously affected.
3. if the credit card is overdue, the bank will collect it. If it is not returned for more than two times, it will be directly handed over to the collection company. If you still insist on not returning the credit card, the bank will freeze the credit card and blacklist the cardholder. The bank will automatically cancel the card until the debt is paid off.
4. if the overdue amount is large, the bank will enforce the credit card of the direct cardholder and maliciously overdraw it. If you refuse to repay in the future, you will bear civil or formal responsibility. According to Article 196 of the Criminal Law of People's Republic of China (PRC) and related judicial interpretations, if a credit card holder takes possession illegally and the amount is more than 5, yuan, it constitutes a credit card crime and will be executed in accordance with the criminal law.
What if the credit card owes 5, yuan and cannot be repaid?
If the credit card owes 5, yuan, you can apply to the bank for the minimum repayment amount or deferred repayment.
1. If the overdraft amount reaches more than 1 yuan for the purpose of illegal possession, and it is still not returned for more than 3 months after being urged twice by the issuing bank, it is suspected of a credit card crime. If you know that you have no repayment ability and a large number of overdrafts cannot be returned, it can be considered as illegal possession. Malicious overdraft, the amount is more than 1 thousand yuan but less than 1 thousand yuan, and all overdraft interest has been repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
two. Legal Basis "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management" Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after twice effective collection by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. The purpose of illegal possession should be judged according to the cardholder's credit history, repayment ability and willingness, the application and overdraft of credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. It is not allowed to identify the purpose of illegal possession just because the cardholder fails to repay the loan according to the regulations.
fourthly, the main consequence of credit card failure is that it will generate high overdue interest. Will be sued by the bank, resulting in legal fees, attorney fees and other economic losses. Individuals will have bad credit records, which will have an impact on future bank cards and loans. If the amount owed is more than 1, yuan, which constitutes a credit card crime, criminal responsibility shall be investigated. Under any of the following circumstances, credit card activities violate the criminal law, and if the amount is relatively large, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years, fined not less than 5, yuan but not more than 5, yuan or confiscated property. The Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases" stipulates that "the amount of more than 5, yuan is relatively large, the amount of more than 5, yuan is particularly huge, and the amount of more than 2, yuan is particularly huge. It can be seen that reaching 5 yuan constitutes a crime.
what will happen if the credit card is overdue for more than 5, yuan?
there will definitely be a lot of penalty interest. After all, the debt of 5, yuan is very high, and the credit card begins to bear interest at a daily interest rate of five ten thousandths from the date of overdue. Overdue cases will be immediately reported to the central bank's credit information system by the issuing bank, leaving overdue bad records in the customer's personal credit information report; Moreover, customers have more debts of 5, yuan, and the personal debt ratio has also increased a lot.
credit card installment payment refers to the business that when a cardholder uses a credit card to make a large amount of consumption, the card-issuing bank pays the consumption funds of the goods (or services) purchased by the cardholder to the merchant in one lump sum, and deducts the consumption funds from the cardholder's credit card account in stages according to the cardholder's application, and the cardholder repays according to the monthly recorded amount. In the past, credit card installment mainly included bill installment and single consumption installment, and banks usually charged corresponding handling fees according to the number of installments. Whether it is bill installment or single consumption installment, the premise is to generate consumption behavior first, and then the bank will set installment repayment for the generated credit loan. On the card face of a credit card, there are at least the following information: front: name and logo of the issuing bank, credit card type (organization logo) and holographic anti-counterfeiting logo, English or pinyin name, activation date (generally calculated to month) and validity period (generally calculated to month). Chip account and card magnetic stripe account are two relatively independent accounts. Back: card magnetic stripe, cardholder's signature column (which must be signed after activation), service hotline, the last four digits or all (to prevent fraudulent use), and credit card security code (the last four digits of the signature column on the back of credit card are used for credit card activation, password management, TV, telephone and online transactions, etc. ).
The invention of credit card is like a double-edged sword, which can solve the temporary economic crisis. However, the purpose of issuing credit cards is to make money. Once the interest-free repayment time is exceeded, high interest will be charged, usually five ten thousandths of interest per day. Blind consumption of credit cards is not like paying cash in a lump sum. I don't feel anything when I brush. A few figures lead to blind consumption and spending money like water. Excessive consumption of notebooks, digital cameras and smart phones, while enjoying your favorite items in advance, you should also consider whether you can repay them. High interest If you can't get a credit card and can't repay on time when the final repayment date comes, the bank will charge you high interest. (The minimum repayment amount of a credit card in the first month shall not be less than 1% of its overdraft amount in that month).
What will happen if the credit card is overdue for more than 5, yuan?
First of all, there will definitely be a lot of penalty interest. After all, the debt of 5, yuan is very high, and the credit card begins to bear interest at a daily interest rate of five ten thousandths from the date of overdue. Secondly, the overdue situation will be immediately reported to the central bank's credit information system by the issuing bank, leaving overdue bad records in the customer's personal credit information report; Moreover, customers have more debts of 5, yuan, and the personal debt ratio has also increased a lot.
:
1. If the customer doesn't pay it back for a long time, it is probably issued by the issuing bank. If it is suspected that the credit card is maliciously overdrawn, the situation of owing more than 5, yuan is likely to be considered as a "large amount" of malicious overdraft credit card stipulated in the criminal law (if the debt is more than 5, yuan, it is considered as a "huge amount"; More than 5 million yuan is "a huge amount"). The credit card is probably frozen by the bank, which makes it impossible for customers to use it again. In order to get the money back as soon as possible, the bank may also send text messages and call customers for dunning.
2. Generally, after overdue, all banks collect money internally first, and then entrust a professional collection company to collect money. There is no so-called joint collection, and there is no so-called combination. Separate collection process, even if it is also a joint bank to handle its own credit card, there is no joint situation! There is no case where banks will help each other to collect money unless they entrust the same collection company. Do everything possible to collect and repay as much as possible, so that the bank can reduce part of the penalty interest. Then pay in one lump sum.
3. Take the initiative to contact the bank to explain the overdue situation and strive for the opportunity of interest-free installment. Work hard, increase income and reduce unnecessary expenses. Sorting out debts, rationally planning repayment, negotiating for two periods, stopping default interest and repaying in 1-5 years. Stop loss in time to avoid. Credit card overdue is not terrible. What matters is how to deal with it. If you are willing to repay and have a certain repayment ability, you can negotiate with the bank for up to 6 interest-free repayments and stop losses in time, otherwise the debt will accumulate in a vicious circle for a long time and you will never earn much in the end.
will you go to jail if your credit card is overdue for more than 5, yuan?
will you go to jail if your credit card is overdue for more than 5, yuan? After your credit card is overdue, you can apply to the bank to stop payment. You can call the bank or apply to the bank yourself, but not everyone can apply. Will you go to jail if your credit card is overdue for more than 5 thousand yuan?
Will you go to jail if your credit card is overdue for more than 5, yuan?
1. Will you go to jail if your credit card is overdue for more than 5, yuan?
under normal circumstances, you will not go to jail if your credit card is overdue for more than 5, yuan. As long as there is no malicious overdraft, this situation does not involve criminal responsibility. If the credit card debt exceeds 5,, it will have the following consequences:
1. High interest and late payment fee
(1) If the credit card is not repaid, the cardholder will no longer enjoy the interest-free period of the credit card, and will charge five ten thousandths of interest every day from the date of consumption, and compound interest will be calculated monthly. If you owe tens of thousands of yuan in less than a few days, you will generate thousands of yuan of interest, and the longer the time, the higher the interest.
(2) If the credit card fails to repay in time after the interest-free period, the bank will charge the cardholder a late fee, accounting for 5% of the unpaid part of the minimum repayment amount. After a certain period, the bank will charge the cardholder a higher penalty interest.
2. Personal credit stain
As long as you have applied for a credit card or loan, you will know how important your personal credit record is. Once the credit history is tainted, it will be very difficult to apply for a credit card. This is not the most troublesome. Worst of all, if you want to buy a house with a credit stain in the future, the loan amount of a mortgage is less than others' interest rate and higher than others' interest rate. If it is overdue, the bank will not lend.
3. The credit card has been stopped.
if the credit card is not repaid, the bank will withdraw the revolving credit given to the cardholder and the credit card will be deactivated. For those who owe money for many times or for a long time, the bank will think that the cardholder's repayment risk is high, and will stop using the credit card and recover the arrears from the cardholder. If the bank still can't repay the credit card debt