It is not illegal to repay on behalf of others.

Legal analysis

But because credit card repayment involves cashing and credit card repayment, cashing involves credit card consumption. In violation of relevant regulations, using point-of-sale terminal equipment (POS machines) to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, it shall be convicted and punished for the crime of illegal business operation. Credit card is essentially a small credit loan, and the essence of credit card cashing is that merchants collude with cardholders to maliciously take a certain amount of loans from banks in the name of consumption, which is suspected of fictitious loans to some extent. According to relevant regulations, he was convicted and punished for the crime of illegal business operation. If the cardholder maliciously overdraws in the above way for the purpose of illegal possession, he shall be investigated for criminal responsibility.

legal ground

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards of case prosecution. Credit card case (Article 196 of the Criminal Law) Anyone who engages in credit card activities and is suspected of one of the following circumstances shall be prosecuted: 1. Use forged credit cards, or use invalid credit cards, or use other people's credit cards for activities with an amount of more than 5,000 yuan; 2, malicious overdraft, the amount of more than five thousand yuan.

Is it illegal to find someone to return the credit card?

Not illegal.

It is illegal to return credit cards on behalf of others. But for you, it may be controlled by the wind. If you use someone else's account to repay, it means that you have no repayment ability, so it is not far to reduce the risk. According to the credit card usage law, it is illegal, and the bank will control, reduce the limit or seal up your credit card.

If someone pays you back, I suggest that you transfer the money to your bank card and make repayment, so that your risk will be minimized.

You can pay it back in installments or in full. I suggest you check the bill, and the amount shown on the bill shall prevail.

Pay attention to what will happen if the deadline is not met:

Micro 1. What if the credit card is overdue?

Granularity 1, quick remedy for overdue credit card

If you are in loans overdue, you should call the banking service immediately to explain that it is not a malicious debt and pay the debt in time.

Well, under normal circumstances, banks will have a three-day grace period. Once the cardholder finds that the credit card is overdue, please deal with it immediately to avoid leaving a bad record.

2. How to deal with bad records?

If the cardholder has left a bad record in the bank, don't rush to cancel the card after paying off the arrears and explaining the situation. Once the card is cancelled and the personal credit record cannot be updated, the bad record will always be recorded in the bank, causing serious consequences.

The correct way is to continue to use this credit card and maintain a good credit record for at least 2 years, which will basically not affect personal mortgage, loan, credit card application and other businesses.

At present, the retention period of credit records in China is 5 years.

In actual use, don't hope to remedy the overdue credit card or eliminate bad records, but use the card rationally. Developing good credit card and repayment habits, paying on time and not overdue are the basis to ensure a good credit record.

Second, the consequences of malicious overdraft credit card

(1) According to the laws of our country, anyone who maliciously overdraws a credit card with an amount of more than 10,000 yuan shall file a case for prosecution.

Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and has not returned it for more than three months after being urged twice by the issuing bank. Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

(2) The following points should be noted when judging malicious overdraft:

1. The cardholder is a legal cardholder. If someone steals or fraudulently uses another person's credit card, it constitutes the act of stealing or fraudulently using another person's credit card, but it does not constitute malicious overdraft.

2. The cardholder intentionally refuses to repay. For the purpose of illegal possession, that is, the overdraft clearly knows that he is unable to return it before overdraft, but still uses the card to consume or withdraw cash. Or have the ability to repay, but don't want to pay back after spending or withdrawing money. It is a subjective unwilling behavior. In the process of judging whether the actor's purpose is illegal possession, we must distinguish whether this kind of behavior is subjectively malicious and does not return, or whether the actor can't return because of reasonable objective factors. This is the key to distinguish malicious overdraft from goodwill overdraft.

3. Malicious overdraft includes overdraft exceeding the prescribed overdraft limit, overdraft exceeding the prescribed time limit and non-repayment after collection. Overdraft limit refers to the short-term loan limit of personal credit guarantee that the cardholder can use as stipulated by the issuing bank. For overdrawn cardholders, the issuing bank can make a collection according to the repayment period. If the cardholder returns it automatically without bank collection or after collection, it will not be treated as a crime.

Finally, remind credit card holders to repay in time after overdraft consumption. Once a credit card user fails to repay many times, not only will the bank charge higher interest and late fees, but the cardholder's own credit will also be reduced, which will be affected when handling car loans and mortgages in the future.

In fact, some formal credit products are also very good, such as the micro-loan I used in WX, with low interest, which is the correct bonus hunter way.

What if the credit card is overdue? First, the bank will have a three-day grace period. If the repayment is made within the three-day grace period, it will basically not be considered overdue. If it is unable to repay due to economic problems, it shall try its best to repay the minimum repayment amount. Although this will generate some interest, it can guarantee that the credit card will not have a bad record. If malicious overdraft is caused by malicious non-repayment during the use of credit cards, you will bear criminal responsibility, so you must pay attention to repayment on time when using credit cards to avoid adverse consequences.

Is it illegal to return the credit card?

Paying back a credit card is not a crime, nor is it a crime to go through normal procedures to pay back a credit card within the scope permitted by law. It is a crime to help others repay their credit cards, but to achieve the purpose of repaying loans through illegal means. We should also pay attention to the laws and regulations of the country.

How do credit cards usually repay?

Although credit card repayment is a gray area, there is a market where there is demand. There are still many card friends who will bypass the bank and find repayment agencies in the market to ease the repayment difficulties of their credit cards. Then, where can I return my credit card? Bian Xiao reminded everyone not to touch anything unreliable.

1. The store will repay the credit card. The repayment date is approaching day by day. If you really can't pay back your credit card, you can find a familiar store to pay back your credit card. First of all, both parties should agree on the handling fee for credit card repayment. After the merchant boss helps you pay off the bill, the credit card limit will be restored, and then the money will be collected through the machine in the store, and the cardholder can pay the handling fee.

2. Operate the machine by yourself. Apply for a machine with a payment license, install it, bind a savings card of your own, and you can swipe your card to collect money. You need to borrow money from relatives and friends, pay off your credit card before the repayment date, and then transfer the money out by swiping it. The money will be directly transferred to the savings card, and you can take it out freely to repay the account.

3. Reliable credit card repayment software. There are many credit card repayment platforms in the market, many of which cheat people under the guise of repaying credit cards. Therefore, many platforms choose a reliable one, and they are afraid of being cheated by a black intermediary accidentally, not only losing money, but also facing the risk of personal information disclosure.

What are the consequences of returning the credit card? /strong

It involves potential risks such as illegal cashing of credit cards, high fees charged by the platform, and credit card information security of users.

1. There is a record of credit limit reduction or bad credit. Once the cash-out behavior is detected by the bank, it will face the risk of blocking the card or reducing the credit limit, and the accumulated points may also be cancelled, which may seriously be pulled into the credit blacklist by the bank, affecting future loan and credit card applications; What's more, some users will cash out their credit cards for investment or speculation. Once the investment fails, it is likely that the credit card will be overdue and have a bad credit record.

2. There are unsafe factors in credit cards. The platform charges a certain handling fee in this process, which is generally 0.8%- 1% of the bill amount. In the platform compensation mode, the credit card repayment platform advances the user's credit card arrears and obtains the creditor's right to the user, and the user needs to repay the loan to the repayment platform regularly. The borrower's credit card arrears are transferred to the compensation platform.

Is it illegal to use a credit card instead?

It's not illegal, but it's illegal to run a credit card institution.

According to Article 7 of the Interpretation of the Supreme People's and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management:

In violation of state regulations, cash is paid directly to credit card holders by means of fictitious transactions, false pricing, cash return, etc. by means of point-of-sale terminal equipment (POS machines).

If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. The amount of the act mentioned in the preceding paragraph is more than 6,543,800 yuan, or the funds of financial institutions are overdue by more than 200,000 yuan.

Or causing financial institutions economic losses of more than 654.38+10,000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; The amount is more than 5 million yuan.

Or it causes the financial institution's funds of more than 6,543,800 yuan to be overdue, or it causes the financial institution's economic loss of more than 500,000 yuan, which shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.

If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card in accordance with the provisions of Article 196 of the Criminal Law.

Extended data:

According to Article 225 of the Criminal Law of People's Republic of China (PRC), the crime of illegal business operation:

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income.

If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal income or confiscated property:

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.

According to Article 6 of the Interpretation of the Supreme People's and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management:

If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:

(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;

(two) squandering overdraft funds, unable to return;

(3) Escaping after overdraft, changing contact information and avoiding bank collection;

(4) evading or transferring funds, concealing property or evading repayment;

(five) the use of overdraft funds for illegal and criminal activities;

(six) other acts of illegal possession of funds and refusal to return them.

Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; The amount is more than 65438+ ten thousand yuan and less than 1 ten thousand yuan.

It should be recognized as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.

Criminal responsibility should be investigated for malicious overdraft, but if all overdraft interest has been repaid before the announcement of the people's judgment after the public security organ files the case, it can be given a lighter punishment.

If the circumstances are minor, punishment may be exempted. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.