Joke Collection Website - Blessing messages - Credit card loan sent a text message saying that I was maliciously overdrawn.

Credit card loan sent a text message saying that I was maliciously overdrawn.

Legal analysis: If you receive a text message saying that you will be arrested for credit card arrears, the countermeasures are as follows: 1. Repay in time. For the purpose of illegal possession, if the overdraft exceeds the prescribed limit or time limit, and the card-issuing bank fails to return it for more than 3 months after twice collection, it can be considered as malicious overdraft as stipulated in Article 196 of the Criminal Law, and it is suspected of credit card fraud, and it will bear corresponding criminal responsibility.

Legal basis. Article 196 of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who commits credit card fraud 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(1) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate.

(2) using an invalid credit card.

(3) fraudulently using 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.

Article 79 of the Criminal Procedure Law stipulates that criminal suspects and defendants who have evidence to prove the facts of the crime and may be sentenced to more than fixed-term imprisonment shall be arrested if bail pending trial is insufficient to prevent the following social dangers:

(a) New crimes may be committed;

(two) there is a real danger of endangering national security, public safety or social order.

(three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion.

(4) It is possible to take revenge on the victim, prosecutor or accuser.

(five) may commit suicide or escape.

If there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is intentional crime or the identity is unknown, it shall be arrested.