3. Once your personal credit score is damaged, you will encounter many difficulties in buying a house and a car with a loan in the future. The bank will say that your credit is not good and will not give you a loan.
Don't take the chance to cash out, because the personal credit information system of the National Bank is networked, and the personal credit report is issued by the People's Bank of China, which is common for banks, which will cause you a lot of troubles and troubles in the future.
4. Sue civil or criminal
The bank has the final say
After reading these statistics, the judge told reporters: "Legally speaking, the overdraft principal is more than 5, yuan, and people who have been repeatedly collected by the bank for many years should meet the standard of credit card fraud." But why are these people rarely prosecuted, but are all civil lawsuits? According to the judge's analysis, the choice lies with the bank on the question of whether to go criminal or civil. If the bank does not report the case, it is impossible for the public security organ to grasp the situation of the debtor. Therefore, many people refuse to appear in court or can't find anyone. Even if the bank wins the civil lawsuit, there is still a problem of difficulty in enforcement. The advantage of public prosecution is that it can be arrested or wanted online with the help of public security organs.
The reporter found in Wang's judgment that the 96 yuan returned by Wang included interest and late fees. However, only the overdraft principal of 572 yuan was returned to the bank, and the balance was used to offset the fine. The judge explained that in the criminal judgment, the court basically did not consider the arrears of interest and late fees, so it only returned the overdraft principal to the bank. However, in civil litigation, almost all the interest and late payment fees advocated by banks can be supported by the court. If the debtor owes a large amount of money for a long time, the handling fee is often twice or even more than the overdraft principal.
According to the analysis of senior lawyers, it may take a long time to go through criminal proceedings, and there is a lack of support for late fees and other expenses, so the bank has not reported the case on a large scale, but catching one or two will make an example for others.
5. Whether credit card overdue repayment is "default" or "fraud" is still controversial in the industry
The main feature of bank credit cards is their strong overdraft ability, and it is normal for cardholders to use credit cards to overdraw their consumption.
Lawyer Luo Xi, an expert in economic law of Shanghai United Law Firm, believes that the overdue repayment of overdraft by cardholders should be regarded as
"breach of contract" rather than
"fraud".
each credit card has a fixed overdraft limit, which is granted to the cardholder after the cardholder's application is reviewed and approved by the issuing bank and the Credit Card Agreement is signed with the cardholder. The relationship between the cardholder and the issuing bank is a loan contract relationship.
He pointed out that if the cardholder overdraws within the overdraft limit allowed by the bank's credit card without any other evidence to prove that he intentionally occupies the bank's funds or knows that he is unable to repay, it will not constitute a
"malicious overdraft" as stipulated in the criminal law, regardless of whether the cardholder repays on time.
Julia pointed out that if the court accepts a civil debt case between a bank and a credit card holder and finds that the debtor really has a subjective criminal intention of
"malicious overdraft", it can be transferred to the public security organ for investigation, and then the procuratorate will initiate a public prosecution in the form of litigation to investigate the criminal responsibility of the malicious debtor. In this process, "malicious debtors" should also pay attention to their identity information and not be fooled by banks. If the bank can really prove that the debtor overdraws subjectively and maliciously, and the debt exceeds a certain amount and exceeds a certain period, it is suspected of credit card fraud, and the bank can investigate the criminal responsibility of the debtor.
Julia also said that whether banks choose to recover their debts through civil litigation or report to the public security organs, the public security organs should investigate the criminal responsibility and civil responsibility of the debtors to recover their debts, which cannot be measured by their own interests, but should be determined by the actual behavior of the debtors.
(In fact, you can rest assured that the bank will not really sue you as long as you have repayment behavior, because court prosecution requires cost, time cost, material cost, etc., and it will take several years to file a lawsuit. At the same time, as long as you don't owe money in bad faith, but you are temporarily unable to repay it in good faith, even if you appeal, the court will not impose a heavy sentence.