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Will the police inform you before filing a case after reporting the credit card?
Overdue credit cards are likely to involve credit cards. If the credit card is overdue for 3 months, it is a malicious overdraft after the bank fails to effectively collect it twice. A malicious overdraft of more than 50,000 yuan constitutes a credit card, and the bank will report the case to the public security organ. After receiving the report, the public security organ will file a case, then enter the stage of economic investigation, collect the evidence of the cardholder's credit card through various channels, and hand over the evidence to the procuratorate. The procuratorate will intervene in the case and judge whether the cardholder's credit card crime is true according to the collected evidence. If it is confirmed, an arrest notice will be issued. Credit cards will be investigated for criminal responsibility, and the people will be prosecuted by the procuratorate. Cardholders will be sentenced according to the materials of the procuratorate. Then the cardholder will face jail time, depending on the overdraft amount, at least two years in prison. Of course, if you don't want to go to jail, you must pay off your debts immediately after filing a case and before public prosecution.
Legal basis:
Article 196 of the Criminal Law Whoever engages in credit card activities 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(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.
Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
China Bank's credit card has been stolen on the overseas network, which has been reported and the right of recourse has been frozen.
If there are non-personal transactions on your credit card that you don't approve, in order to ensure the safety of your follow-up funds, it is suggested that you call the customer service hotline 4006695566 as soon as possible to stop payment (freeze). If you have any questions about the transaction, it can help you make further inquiries.
The above contents are for your reference. Please refer to the actual business regulations.
If you have any questions, please contact online customer service of Bank of China.
You are cordially invited to download and use China Bank Mobile Banking APP or China Bank Cross-border GOAPP to handle related business.
What should I do if my credit card is reported lost?
What if the credit card has not been reported to the bank?
That's a bluff from the bank. As long as it doesn't exceed four months, it's a bluff at best, unless you owe tens of thousands of dollars! The minimum loan repayment of several thousand dollars can be quiet for a few days. You can go to the person who returned it and ask them to help you raise the card. Just pay the handling fee. I hope it can be adopted. If you don't understand, keep asking me. The rest are unreliable!
What if the credit card owes money and the bank reports the loss?
If the principal overdraft exceeds 1 10,000 yuan, and the repayment is not made after being collected by the bank, criminal punishment may be imposed. The legal basis is as follows:
According to the Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (Fa Shi [2009]19):
Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
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; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "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.
2. Article 196 of the Criminal Law Whoever engages in credit card activities in 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
According to the Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (Fa Shi [2009]19):
Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
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; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "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.
2. Article 196 of the Criminal Law Whoever engages in credit card activities in 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
I owe my credit card. The bank said it had reported it. What should I do?
Hello,
Pay back the money quickly,
Otherwise, credit card crimes will come to you.
Satisfied with the answer,
Please adopt,
Thank you.
What are the consequences of paying off the credit card debt after it is handled by the bank?
First, you do face the risk of criminal responsibility. Generally speaking, if a malicious overdraft is not repaid after dunning, it is suspected to constitute a credit card crime.
2. Credit card crime: Article 196 of the Criminal Law stipulates that anyone who engages in credit card activities in any of the following circumstances, with a relatively large amount, 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(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.
Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Third, use credit cards to maliciously overdraw.
Overdraft refers to the act of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when there is no funds or insufficient funds in the accounts. Overdraft is essentially a bank lending money to customers.
The so-called malicious overdraft, according to the second paragraph of Article 196 of the Criminal Law, refers to the behavior of credit card holders who overdraw beyond the prescribed limit or refuse to return it after being urged by the issuing bank within the prescribed time limit for the purpose of illegal possession.
The essential difference between goodwill overdraft and malicious overdraft lies in the subjective difference of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention to use it first and then repay it, and then return the overdraft and interest, while the doer of malicious overdraft overdraws in order to keep the overdraft for himself, and he doesn't want to repay it at all or is unable to repay it, so as to evade the debt in behavior.
Four. Criteria for filing a case: According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the criteria for prosecution of cases, credit card activities should be prosecuted if they are suspected of one of the following circumstances:
1. Use forged credit cards, or use invalid credit cards, or use other people's credit cards for activities. The amount is more than 5,000 yuan;
2. The amount of malicious overdraft is more than 5,000 yuan. You have far exceeded this quota. )
5. How to avoid it: If you are willing to return it, then this matter still belongs to the civil affairs category, but it means that it needs to be reflected by practical actions. Otherwise, it is very likely that it was originally a civil debt case and evolved into a criminal credit card crime.
If you are involved in criminal proceedings, even if you go to jail, you still have to pay back the money.
Six, about interest:
Credit card overdraft shall be liable for breach of contract, but it shall be implemented in strict accordance with the relevant interest rate standards of the People's Bank of China. Banks will definitely advocate taking the contract signed by both parties as the basis, but taking the unilateral standard terms of banks as the basis is often a high penalty, which is generally difficult to get the support of the court. In fact, about interest, this is only a civil issue, but if you overdraw maliciously, it is very likely that the civil case will be turned into a criminal case.
Please note: if the bank urges you to avoid it again and again, the bank can call the police at any time, then it will be in trouble! Especially this kind of money, it is simply unreliable. Leaving a criminal record with a mere 30,000 yuan will have a great impact on one's own life, especially on children, and will be affected in future business.
Personal suggestion: take it seriously, handle it carefully and pay back the money as soon as possible. I can't pay it back for the time being. I must have the intention to pay it back.
My credit card has not been returned, and the bank has to report the loss. What should I do?
According to Article 196 of China's Criminal Law, if one of the following circumstances constitutes a credit card crime and 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and 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. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 263 of this Law. At the same time, according to Article 6 of the Interpretation of 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 a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being urged twice by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Of course, in addition, if the overdraft amount is more than 1 10,000, for the purpose of illegal possession, the bank may hand it over to the public security organ for handling. Therefore, if your overdraft reaches more than 10,000 and meets the above requirements, the risk is even greater. It is recommended to actively negotiate with the bank and repay as soon as possible.
The bank reported the case by credit card. What should the police do?
Are you sure it's the police? Not a gang. Yours The police won't call you. Isn't this a reminder to get ready? My experience tells me that this is a trap.
What is the processing flow of credit card reporting?
Fill in the application form first; Information of the bank itself and a copy of the information; The bank sends it to the credit card center; The credit card center conducts audit, business card printing and card issuance; After getting the card, I opened the card and waited for the password letter.
It takes about fifteen working days to apply for a card, just like an ordinary card.
Does anyone know what the process is after reporting the loss of a credit card to the bank after it is overdue?
Public security files a case, collects evidence and submits it to the procuratorate for approval of arrest, arrest, public prosecution, judgment and execution.
How to report the loss of a credit card?
Just go directly to the police station and explain what happened.
What should I do if my credit card is overdue and the bank reports the loss?
First, is it false news? Second, if there is any debt, it is recommended to return it immediately. General banks report debts that are overdue for more than half a year. There will be a special department to collect it. If you go through legal procedures, you will definitely be found in China as long as you don't deal with banks in the future.
What should I do if my credit card is reported lost?
1, you should contact the bank of the credit card first to handle the overdue problem, and then ask the bank to go to the police station to cancel the case.
People will not be arrested in civil cases. If it is a criminal case, the police will directly arrest it.
3. If the customer's credit card is lost after it is overdue, the bank will have a special team to collect it, and the cardholder should pay off the arrears in time.
4. If the credit card repayment is overdue due to bank reasons, or other non-malicious behaviors of defaulting on credit card repayment, the cardholder may apply to the bank for personal objection handling and elimination.
Credit card, also known as debit card, is a credit certificate issued by commercial banks or credit card companies to eligible consumers.
The bank said it had reported the case to our local police. Is that true?
This situation is not very real. After the credit card network in loans overdue, I asked about the report.
After loans overdue, the credit card said it had reported the case. If we don't pay back the money at any time, we will start the filing procedure. First of all, reporting a crime is everyone's right, including every company. So there is no problem in reporting the case, but will all online loans and credit cards choose to report the case? Judging from our current case, online loans, especially illegal platform loans, are generally not reported, and he is even more afraid to report the case. Why, because he has many illegal questions,
Therefore, if you are on this platform now, and it is illegal, then he will not rarely report the case, or he will not report the case through the formal reporting process. Generally, it is more common among the people. Note here that reporting and reporting are two different things.
Besides, is it possible to report a case by credit card? Judging from the cases currently encountered by Tumen, if it really belongs to a credit card, it may be reported and even involved in criminal cases. However, judging from so many cases we have observed so far, contact with so many debtors rarely constitutes a credit card. So what is a credit card was mentioned in my video before. You can go back to the previous video course on credit cards, so if you don't constitute a credit card, but the bank still reports the case, then you need to judge whether he officially reported the case or just sent you a report. Materials give you pressure.
Some time ago, a leader of the relevant departments said that there are many acts of collecting money through criminal reporting in the credit card field, which belongs to a kind of soft violence to some extent and infringes on the legitimate rights and interests of many cardholders. If you are really reported, how should you face it? Actually, you don't have to be nervous. At this time, you can go to the relevant police station, or the economic investigation department to truthfully reflect your debt, with reasons and corresponding materials.
So as long as you don't belong to a credit card, then you don't have to worry about reporting the case, and then there will be no criminal responsibility you worry about. That's a civil lawsuit, and you have to bear civil liability. In short, debt is not terrible, shoulder the burden and travel all over the world. Come on! ! !
The credit card bank has reported the case. How long will it take to arrest people? ...
The analysis is as follows:
If the bank has reported the case, the public security organ will generally summon the cardholder to urge repayment within one week, or directly detain the suspect.
1. It is a breach of contract not to repay after the credit card is overdrawn. The bank may require the cardholder to repay the principal, overdue interest, late payment fee and over-limit fee, etc. If the bank wins the case, the cardholder will also bear the litigation costs.
2. Secondly, if the cardholder maliciously overdraws a certain amount for the purpose of illegal possession and fails to pay it back within the time limit, which constitutes a credit card crime, he shall also bear criminal responsibility. (overdue 10000 yuan or more, and it has not been returned for more than 3 months after being urged by the issuing bank twice, which is suspected of a credit card crime).
3. Finally, overdue repayment will leave a bad credit record for the cardholder, which will affect the smooth progress of the cardholder's future loan.
Extended data
1. Card collection can be divided into internal collection and outsourcing collection. Internal collection usually refers to customers who are overdue for more than three months. Generally, the customer service department of the bank (M0 period), the electricity fee collection department (M 1, 2 period) or the offices of various business outlets (M3 period) make reminders!
2. Entrusted collection mainly means that the credit card center entrusts some companies (some of which are law firms) specializing in collection industry to collect some customers who are difficult to handle, have problems, lose contact or have a small amount after internal collection fails.
It is from the second day of the last payment date to the next billing date. During this period, the bank records are hardly damaged, but late fees and full interest will be charged. During this period, banks generally don't call for money, but remind them to exceed the repayment period through SMS platform or telephone.
4. It is the continuation of M0 period, that is, between the second unpaid billing date and the last repayment date of the second bill, the credit record will be uploaded to the credit information system of the People's Bank of China, which is likely to affect problems such as house purchase loans or credit loans, and at the same time, late fees will be charged. If it is before the second payment date, only one late payment fee will be charged.
5. Otherwise, it will be charged twice, and the interest will be compounded according to the amount owed in the current period! At this time, the bank will generally remind large customers, that is, the collection staff of the collection department of the credit card center will call to remind the repayment! Some banks don't charge money during this period, in order to earn more late fees and interest.
6. It is the continuation of M 1, that is, between the third billing date and the last payment date of the third bill, the credit record of the banking industry will have a great impact, which will have a great impact on the loans and job hunting of larger enterprises in the future. A late fee will be charged, and if it is before the third payment date, a second late fee will be charged.
7. Otherwise, the interest will be compounded according to the current arrears! At this time, banks will generally use the method of urging repayment, and the relevant collection personnel will call to inform them of the impact of credit records, and they will contact relatives and friends of the debtor to help remind them of repayment. Some banks have a tough collection, and even some collectors pretend to be relevant lawyers to put pressure on debtors, but some banks have a lighter collection, so they only collect at this time!
References:
Baidu Encyclopedia-Credit Card Collection
This is the end of the introduction about credit card reporting and whether the police will inform you before filing a case after credit card reporting. I wonder if you have found the information you need?
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