1. Can I be a guarantor if I pay off my credit card after it is overdue?
China can be a guarantor if his credit card is paid off after it is overdue. Only citizens who have the ability to pay off debts can become debt guarantors. If there is credit card arrears and the credit information system has a bad record, you can't be a guarantor.
If it is not overdue, you can give others a guarantee.
If it is overdue for more than three months, it has already affected the appeal stage, so a person who breaks his promise cannot be a guarantor. The following are the requirements for a guarantor:
(a) the object of the loan is a natural person with full capacity for civil conduct.
(2) Having urban permanent residence or valid residence status requires the borrower to have legal status.
(three) a stable occupation and income, good credit, the ability to repay the principal and interest of the loan.
(4) Banks have different requirements for down payment.
(5) There are assets recognized by the lender as collateral or pledge, or units or individuals that meet the prescribed conditions and have compensatory ability as guarantors to repay the principal and interest of the loan and bear joint and several liabilities.
(6) Having a procurement contract or agreement.
(7) Other conditions stipulated by the lender.
The basic conditions required by the borrower are natural persons with stable occupation, stable income and the ability to repay the principal and interest of the loan on time, aged between 18-60, including Hong Kong, Macao and Taiwan and foreigners. In addition, the borrower's actual age plus the loan application period shall not exceed 70 years old.
People's Republic of China (PRC) Civil Code
Article 683 A legal person may not act as a guarantor, except for those who use loans from foreign governments or international economic organizations with the approval of the State Council.
A legal person not for profit or an unincorporated organization for public welfare may not act as a guarantor.
2. How long will it take to eliminate overdue credit card records?
Credit card overdue
(1) If the cardholder forgets to repay the loan and finds it overdue, he must repay it as soon as possible, preferably in full. Call the bank's credit card center and declare the non-malicious arrears. If the overdue time is short, the bank may not calculate the 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 get in touch with 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;
(IV) Credit card repayment information The central bank's credit information system will be rolled 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.
3. Can I still use my credit card for overdue repayment?
According to the time and severity of overdue, generally overdue for more than three months will be blacklisted, and fees and interest will be charged for one day overdue.
(1) If you are usually negligent in repayment, you must repay as soon as possible, preferably in full, after you find that it is overdue. Then call the bank's credit card center to declare that there is no malice. If the past record is good and the overdue time is short, if the repayment is found to be good after the overdue, it may not be recorded in the bad record. Don't be careless in the future. Be sure to pay attention to the bank's bill notice and collection information to avoid overdue.
(2) Some people don't often use credit cards. When the credit card expires, they intend to stop using it completely, simply ignore the credit card, and neither repay nor cancel it. In fact, this practice is very wrong. If you don't pay it back all the time, it will be overdue once a month, which means that you will be recorded with a bad credit record once a month. And if you don't repay for many months in a row, you will be sued by the bank and sentenced to malicious arrears, your credit record will get worse and the amount of arrears will get bigger and bigger. In serious cases, you will be fined.
(3) If the credit card is overdue, the credit card center of the issuing bank will collect it. Because of ignorance and blind arrogance, some people not only don't pay back the money, but also "run away" by changing their addresses and mobile phone contact information, so that banks can't contact themselves, thinking that they can't help. In fact, this practice is absolutely not desirable. When handling a credit card, your real name information has been recorded by the bank. Once you "run away", the bank will think that you are maliciously overdrawn and will call the police. The police will list you as a wanted man.
(4) Credit card repayment information will be recorded by the central bank's credit information system for 24 months, that is, the bad credit records generated by overdue credit card repayment will be kept in the credit information system for two years. If you terminate with a card, the corresponding record will not scroll, but will be saved for a long time. Therefore, after the overdue repayment of the credit card, it is best not to cancel the credit card immediately after paying off the arrears, but to insist on using the card for more than two years, during which time, to maintain a good credit, so that the bad records can be cleared from the credit information system through rolling records.
(5) As a credit card holder, once he can't repay on time due to unemployment, illness or accidents, before the deadline for repayment comes, the cardholder had better take the initiative to contact the bank credit card center, state his financial situation, declare that he is not in bad faith, and apply for deferred repayment and interest concessions. In view of the cardholder's positive performance and previous good credit record, banks often agree to postpone repayment, and negotiate with the cardholder the repayment plan, extension period, interest discount and monthly repayment amount acceptable to both parties. In this way, if you take the initiative to contact the bank and the bank agrees to postpone the repayment, you will not be recorded in the bad record, but it should be noted that you will be guaranteed to repay the loan as agreed in the future.
Legal objectivity:
Article 196 of the Criminal Law Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 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 50,000 yuan but not more than 500,000 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 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 term "malicious overdraft" as 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.