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Is it true that the bank said it would sue for credit card arrears?
2. If the amount owed exceeds 1 10,000, and it is not returned within 3 months after the second dunning by the issuing bank, it should be regarded as the criminal law of "malicious overdraft" and suspected of credit card fraud.
If the amount of malicious overdraft is large, and the public security organ has paid the overdraft and interest before filing the case, if the circumstances are minor, criminal responsibility shall be investigated according to law.
4. Legal basis: Article 196 of the Criminal Law [Credit Card Fraud and Theft] belongs to one of the following circumstances. The crime of credit card fraud, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan; Large quantity; If the circumstances are serious, 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, it shall be more than ten years. Being sentenced to life imprisonment or life imprisonment, and being fined not less than 500,000 yuan but not more than 500,000 yuan or having his property confiscated;
(1) Using a forged credit card;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The malicious overdraft mentioned in the preceding paragraph refers to the cardholder's illegal possession of funds exceeding the prescribed limit or the prescribed overdraft period, and he still refuses to return them after being charged by the issuing bank.
The Supreme People's Court and the Supreme People's Procuratorate's Specific Interpretation of Applicable Laws in Handling Criminal Cases of Impairment of Credit Card Management. Article 6 Where the cardholder, for the purpose of illegal possession, exceeds the prescribed limit or the prescribed overdraft period and refuses to return it for more than 3 months after being rejected twice by the issuing bank. It is recognized 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 196 of the Criminal Law:
(1) Knowing that there is no repayment ability, a large number of overdrafts cannot be returned.
(2) spending money can't pay back the money.
(3) Run away after overdraft, change contact information and avoid bank remittance.
(4) Hiding, transferring funds, concealing property and evading repayment.
(five) the use of overdraft funds for illegal and criminal activities;
(six) other acts of illegal possession and refusal to return funds.
If the amount of malicious overdraft exceeds 6,543.8+0,000 yuan and is less than 6,543.8+0,000 yuan, it 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 but less than 1 10,000 yuan, it shall be deemed as "a huge amount". Article 196 of the Criminal Law stipulates that if the amount exceeds 6,543,800 yuan, it shall be deemed as Article 1 of the Criminal Law. Article 196 is "very huge".
The amount of malicious overdraft refers to the amount that the cardholder refuses or refuses to return under the conditions stipulated in the first paragraph. Excluding compound interest, late fees and commission.
Malicious overdraft should be investigated for criminal responsibility. After the public security organ handles the case, the people's court pays all the overdrafts before pronouncing the judgment. If the circumstances are minor, the punishment may be lightened or exempted. If the amount of malicious overdraft is large, and the public security organ has overdrawn the amount and interest before repayment, if the circumstances are minor, criminal responsibility shall be investigated according to law.
China Merchants Bank's credit card is overdue for two months.
(1) If the credit card is overdue, the use of the credit card will be restricted, and the overdue amount should be refunded as soon as possible.
After paying off the credit card arrears, the cardholder can call the credit card service center of the bank, indicating that the bank will generally waive this situation.
After that, the cardholder should repay the loan on time without causing any overdue repayment.
(4) Personal credit information system will include overdue credit cards. Overdue delay will affect future loan applications.
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