If the credit card is overdue for three months or has not been repaid after two reminders from the bank, the bank will++the party concerned. General credit card arrears++process is as follows:
1. First of all, after repeated dunning by the bank, if the parties still fail to repay the loan, the bank will file a civil lawsuit with++;
2. In civil cases, the summary procedure is three months and the ordinary procedure is six months.
3, after the civil ruling, if the parties still do not return. The case may be transferred to the public security organ for investigation and formally established as a criminal case.
4. After the investigation, the public security organ transferred the case to the procuratorate to prosecute++,accusing the parties of malicious overdraft, which constituted a credit card++crime.
legal ground
Article 196th of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which constitutes a credit card++crime. If the amount of credit card++activities is relatively large, he shall be sentenced to fixed-term imprisonment of not more than++five years or criminal detention, and shall 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++,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 by using another person's identity certificate; (2) Using an invalid credit card; 3. Fraudulent use of other people's credit cards; 4 malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior of the cardholder who 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. ++crime++credit card and use, shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
If the credit card is overdue, will the bank report the arrest? What is the basis?
Whether loans overdue will arrest people actually depends on the cardholder's loans overdue status. Generally speaking, it will not be as serious as imprisonment, but it will force the repayment of loans and freeze the assets of cardholders. If the circumstances are serious, he can be sentenced to imprisonment. From the lender loans overdue to the lender loans overdue, it is generally not easy for financial institutions to be alert and arrest people immediately. Financial institutions can only file lawsuits. Whether to arrest people depends on the++conclusion. In other words, only after the++judgment is executed can the police cooperate with the people to arrest people.
After obtaining credit cards, all owners have formed a contractual relationship with financial institutions to apply for bank credit cards, and they are equal administrative subjects. When the cardholder's credit card is overdue, it is a debt that violates the contract between the two people and constitutes a breach of contract.
In this case, the financial institution has the right to require the cardholder to repay the loan immediately. Therefore, after the credit card is overdue, the first thing they face is the dunning from the bank account manager, which may be SMS notification or mobile phone collection. If normal communication still fails to repay the loan, the financial institution will make the dunning unit make a dunning, which may be a dunning letter or a++ to ++ ruling.
Either way, the solution to this age problem is to use the form of civil litigation assistance for dunning. Of course, it is not excluded that some banks will outsource their debt business, and external debt collection companies may adopt the form of debt collection. At this time, it is enough to use the cardholder to call the police immediately, not the financial institution.
In the process of dunning, whether sending information or mailing a dunning letter, banks generally require cardholders to repay the loan immediately. If the cardholder still fails to repay the loan, what kind of responsibility will the cardholder face, and many people will continue to attach what may be sentenced to several years in prison.
This is actually an early warning and urging, and what they wrote may not be accurate. Many of them are also suggestive, and some are vague warnings. The purpose is to urge the cardholder to repay the loan as soon as possible, but the cardholder must not take everything said by the financial institution to heart.
Will the public security bureau file a case when the credit card is overdue and the bank calls the police?
Legal analysis: generally, the public security bureau will not file a case if the credit card is overdue. Only when the amount involved is large and no one can be contacted will the Public Security Bureau file a case when the bank calls the police. After the credit card is investigated, the bank or the public security bureau will send an email to formally notify it. If you pay in time, you will be fine. If you don't pay back, you will disappear. The public security bureau will find someone. However, many so-called short messages have been put on file for investigation, and a large part of them are++short messages. Everyone should also consider whether it is true or not according to their own situation, so as not to be deceived. For the purpose of illegal possession, if the cardholder overdraws beyond the prescribed limit or time limit and fails to return it after being collected by the issuing bank, it may constitute a credit card++crime. For the existence of criminal facts or the discovery of criminal suspects, the public security organ shall file a case for investigation within its jurisdiction.
Legal basis: Article 109 of the Criminal Procedure Law of People's Republic of China (PRC), when public security organs and people's procuratorates discover criminal facts or suspects, they shall file a case for investigation within their jurisdiction.
Article 196 of the Criminal Law of People's Republic of China (PRC), in any of the following circumstances, engages in credit card++activities, with a relatively large amount, shall be sentenced to++fixed-term imprisonment of not more than five years or criminal detention, and shall 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++,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 by fraudulently using other people's identity documents; (2) Using an invalid credit card; 3. Fraudulent use of other people's credit cards; 4 malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior of the cardholder who 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. ++credit cards used together shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
I owe a total of about 500 thousand credit cards, and now I have been called by China Merchants Bank to report it. What should I do?
China Merchants Bank will call 02 1 12363 to complain about overdue credit cards. In a few days, China Merchants Bank will help you by stages.
I owe about 500 thousand credit cards in total, and now I am called by China Merchants Bank to report it. What should I do?
Xiao Chunchun had a similar experience. Let me talk about my own views below, hoping to help you.
Under what circumstances will the bank report the case?
Generally speaking, reporting a case is to report it to the public security organ, asking the public security organ to arrest people and recover losses. Only when certain conditions are met will the public security organ file a case. The condition for filing a case here is that the principal is more than 50,000 yuan, and the bank fails to return it within three months after two effective collections, which is in line with malicious overdraft, and the public security organ will file a case for investigation. Therefore, the topic owner can analyze it according to his own situation. The bank credit card center will also collect relevant evidence before reporting the case, and those who meet the standards will choose to report the case. In addition to reporting the case to the public security organ, if it does not meet the criminal filing standards, the bank can also++file a lawsuit with the people and recover the arrears through civil channels.
What if the bank reports the case?
First of all, we must confirm the authenticity of the bank report. At present, the common method used by collectors is to claim to report the case, so as to achieve the purpose of repayment for fear of being arrested by public security organs. Don't panic in this case. Do the following things in an orderly way.
First, negotiate sincerely with the collection personnel to express the willingness to repay. If you encounter financial difficulties and can't repay, you should also make it clear and try to negotiate repayment.
The second is to call the bank's customer service phone, which is also to express their willingness to repay and practical difficulties, and strive to negotiate repayment with the bank. Under normal circumstances, banks will not agree easily, but they will do so. At the same time, do a good job of telephone recording and collect evidence for yourself that it is not a malicious overdraft.
The third is to verify whether the bank reported the case. You can ask the bank or the public security organ. In general, if you are not informed by the public security organs or through other channels, it can be regarded as false.
Don't worry, you won't report it for a while. This is just a threat from an external debt collection company. This happened to my colleagues around me, and then I answered the phone and helped her deal with it. I clearly remember that the other person's attitude was so bad that I couldn't communicate with them at first. After talking for a few minutes, I was angered. After I told the other party that the conversation had been recorded, the attitude on the other end of the phone was very restrained.
The process is roughly that the relevant personnel of overdue banks will politely make telephone inquiries and reminders. If you continue to be overdue, the bank will entrust the debt collection company with telephone harassment according to the evaluation criteria. If you continue not to pay the loan, you will receive a++summons, and then go to court for trial and settlement. After the situation continues to deteriorate, the bank will apply for++enforcement!
When you get another call from the other party, if the other party has a tough tone, you can even tell the other party to pay attention to their attitude and way of speaking! If there is a language threat, you can clearly tell the other person that you are in complete memory. After leaving evidence of language threats, you can even report the other party's involvement in the underworld.
Of course, please remember that the other party is calling for payment, and the theme of your communication is to negotiate repayment matters and your repayment plan, that's all!
Finally, I advise you, after all, owing money is still your fault, even if the other party has a bad attitude, you can't change the outcome of not paying back the money. Generally speaking, you will receive a summons by phone soon. Please be prepared to go to court and be enforced by++.
That's all for the introduction of overdue bank reports on credit cards.