After the due repayment date, the cardholder fails to repay in full and does not choose the minimum repayment amount. Banks generally take the following measures:
Call overdue credit cards or send dunning letters.
Those who are overdue for more than 6 times and fail to pay once will be blacklisted by the Personal Credit Information System of the People's Bank of China. The bank will freeze the overdue credit card account and add the overdue person to the blacklist.
The record of arrears may be fed back to the personal credit information system of the People's Bank of China, which will affect the cardholder's personal credit record and make it impossible for the cardholder to apply for a housing mortgage loan normally.
If the overdue amount of the credit card is large (principal 10000 yuan or more), and the overdue amount is more than three months, and the bank still fails to repay the loan twice, it belongs to the malicious overdraft of the credit card and constitutes the crime of credit card fraud.
If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years 10 years. If all debts can be paid off in time before the judgment, criminal punishment may be mitigated or exempted.
Generally speaking, owing bank loans only belongs to the category of ordinary civil disputes (economic disputes), and does not involve the question of whether it constitutes a crime.
In line with the third paragraph of Article 175 of the Criminal Law "obtaining bank loans by deception, causing heavy losses to banks or other serious circumstances", criminal responsibility shall be investigated according to the crime of defrauding loans.
If the behavior conforms to the provisions of Article 193 of the Criminal Law "defrauding bank loans for the purpose of illegal possession, the amount is relatively large", criminal responsibility shall be investigated according to the crime of loan fraud.
Extended data:
20 1 15 years124 October, Huang set up a peony credit card in Panji Sub-branch of Huainan Branch of China Industrial and Commercial Bank, and began to overdraw on February 2, 20 15, with overdraft principal and interest of 32 16. After that, the bank made several collections by phone and SMS, but as of 201616 5438+0018, Huang had not returned the overdraft.
On March 20 1 7 16, the people's court of panji district, Huainan City, Anhui Province sentenced Huang to 6 months' imprisonment1year and fined him 20,000 yuan. Ordered to refund the bank 32,059.5 yuan.
The court held that the defendant Huang Moumou used a credit card to overdraw 32,059.5 yuan for the purpose of illegal possession, which was collected by the issuing bank for more than two times and was not returned for more than three months, which was a malicious overdraft and his behavior constituted a crime of credit card fraud.
After the defendant Huang Moumou was brought to justice, he truthfully confessed the facts of the crime, voluntarily pleaded guilty during the trial, and showed repentance, and was given a lighter punishment according to law. The defendant Huang Moumou should compensate the injured unit for property losses. The above judgment was made in accordance with the relevant provisions of China's criminal law.
References:
Baidu Encyclopedia-Credit Card People's Network-Refusing to repay is deducted