The questioner mentioned a key word-"huge debt". Since the amount is huge, the bank will not give up the recovery easily, so as not to cause huge losses to the bank.
Generally speaking, for small debts, the recovery method is mainly to deduct money from peer savings cards or other effective automatic deduction agreements. For example, some cardholders may sign a deduction agreement such as Alipay's regular monthly full repayment.
If the automatic deduction cannot fully repay the arrears, whether the remaining banks will continue to recover depends entirely on the relationship between the remaining repayment amount and the recovery cost. When the amount owed is not enough to pay the recovery costs such as attorney fees and travel expenses, the bank can choose to give up the recovery and treat the debt as a "loss".
However, if the amount owed is huge, banks generally will not give up recourse, and the main source of recourse is the cardholder's legacy.
First of all, if the cardholder leaves an inheritance after his death, the debts left before his death should be paid off by the inheritor first, and the rest should be distributed in the order of testamentary succession or legal succession. Assuming that the heir inherits the inheritance before the card debt is paid off, then the heir has the obligation to pay compensation, and the compensation ratio can be based on the inheritance ratio. Similarly, if the heir gives up inheritance, then the heir has no obligation to pay compensation.
Furthermore, according to the relevant provisions of the Marriage Law, if the cardholder has a spouse, the debts owed during the marriage belong to the same debt. Unless the spouse can prove that the card debt is owed by the cardholder, that is, it is used for personal consumption expenses, it is regarded as a debt, and the spouse has the obligation to repay, and the bank can recover from his spouse.
Third, if the cardholder has neither an inheritance nor a spouse, the card debts owed will be classified as bad debts, and neither the cardholder's parents nor children have the obligation to pay compensation.
Fourth, what if the cardholder's legacy is not enough to cover the card debt? For example, the value of the inheritance is 200,000, but the card debt is 300,000. In this case, it stands to reason that it is best for the heir to voluntarily give up inheritance, because even if he inherits the inheritance, it is not enough to repay the debt after the inheritance is realized. In the end, the bank will realize full inheritance through litigation or negotiation to repay the debt. In this case, banks will resort to law in the form of economic disputes. After winning the case, realize the inheritance and pay off the debt, and recover the rest from the spouse. If there is no spouse, the rest will not be recovered and listed as "loss".
That's a good question. This is a problem that many people are particularly concerned about at present! Because many people owe a lot of money to the bank and worry that their families will be implicated!
First of all, we need to know what "credit card arrears" belong to. A credit card is a card issued by a card issuer to an applicant according to his/her financial situation and credit status, and has a usage limit. Simply put, it is a revolving credit loan provided by the bank to the applicant! Therefore, "credit card arrears" are personal debts, which are paid by individuals!
Then, let's talk about how to deal with the "huge" arrears of credit cards after the death of cardholders.
The dead cardholder has only two identities, one is unmarried and the other is married.
First of all, the credit card debt of "unmarried" cardholders belongs to personal name. If his inheritance is enough to pay his debts, he should pay his debts first, and then the heir will inherit the rest. If the inheritance is not enough to cover the debt, the bank will deal with the bad debts of the insufficient part, and it is not allowed to recover from its family members, because their family members are not the "guarantors" of the debt!
Let's talk about "marriage". Although the credit card is issued to individuals, and the spouse is not required to be a "guarantor", it is a marital debt, which should be borne by both husband and wife, and the bank can recover the arrears from the spouse! However, except for one case, "the husband and wife in marriage share the same debt" refers to "the need for husband and wife to live together" If the amount of debt is huge, or the spouse can provide evidence to prove that the debt is not needed for the husband and wife to live together, the debt will be regarded as the cardholder's personal debt, and the bank has no right to recover from his spouse! Can only claim in its share of inheritance!
One more thing, I want to be clear: if the cardholder bought insurance before his life, then the "death compensation" paid by the insurance company cannot be settled by the bank! The prerequisite is that "the beneficiary of death in the insurance contract cannot fill in' legal', and the specific person must be specified!"
For example, I am married and have a child. Because of the needs of my company, I overdrawn my credit card by 800 thousand, and then something happened. I bought insurance of 6,543,800 yuan before my death, and the insurance contract stipulated that the "beneficiary of death" was my spouse. In addition, my spouse and I bought a house after marriage, which is currently worth 1.2 million. What happens after that?
The bank recovered the arrears from my spouse, and the insurance company paid my spouse "death compensation" of 654.38 million (of course, if the insurance company did not refuse to pay compensation). So how much money will the bank get back?
With a huge debt of 800 thousand, what should I do to pay for my children's private school, cram school, family medical care and other family expenses? (Other things unchanged)
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Credit cards are paid after consumption, and consumers need to pay back the money from the bank in advance. But what if the credit card holder dies? Today, I will answer "What if the credit card holder dies?" .
As far as I know, if the cardholder dies, if the cardholder has an inheritance, the bank can recover from his successor; If there is no inheritance, the debt will naturally die, and the bank cannot recover from the heir.
1. Cardholders have the right of inheritance:
Credit card debt is also part of personal heritage. Generally, the debts are paid off first, and then the remaining inheritance is distributed. Credit card debt is the cardholder's debt, and the remaining debt must be returned before it can be distributed as an inheritance.
2. The cardholder has no inheritance:
If the cardholder's credit card consumption occurs during the marriage relationship, according to Article 24 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), during the marriage relationship, the creditor's rights and debts incurred by one spouse in his own name shall be regarded as joint debts of the husband and wife. Therefore, if the cardholder has no other personal property, the other spouse will continue to repay.
If the cardholder has neither an inheritance nor a spouse, the credit card debt as a personal debt can only be treated as a bad debt and should not be borne by his parents, brothers and sisters and other relatives.
Supplement:
Article 26 of China's Inheritance Law stipulates that, unless otherwise agreed, half of the * * * and all the property acquired by husband and wife during the marriage relationship shall be owned by the spouse, and the rest shall be the inheritance of the decedent. When one spouse dies, the surviving spouse has the right to divide the property and inherit the deceased's estate.
In addition, Article 3 of Chapter 1 of the Inheritance Law stipulates that the inheritance is the personal legal property left by a citizen when he dies, including: the income of a citizen; Citizens' houses, savings and daily necessities; Citizens' trees, livestock and poultry; Cultural relics, books and materials of citizens; The law allows citizens to own the means of production; Copyright and patent rights in citizens' property rights; Other lawful property of citizens.