How will the police inform you when the credit card is overdue?

What does it mean to investigate the overdue credit card?

Explain that the credit card is suspected of credit card and malicious overdraft. After the bank reports the case, the Public Security Bureau will file a case for investigation. If it is true, a public prosecution will be filed with the procuratorate. Please pay off the credit card debt in time. If the cardholder's credit card is not overdue, the bank will contact the public security organ for the record. In the case that malicious overdraft constitutes a credit card crime, the public security organ usually files a case for the credit card. When the cardholder's credit card is overdue for a long time and the bank can't contact the cardholder, it will contact the public security organ to file a case. Article 196 of the Criminal Law refers to the behavior that the cardholder refuses to return the overdraft for the purpose of illegal possession after being urged by the issuing bank.

What is the whole process from overdue loss reporting of credit cards to filing a case?

The whole process from overdue loss reporting of credit cards to filing is as follows: 1. First, the bank will file a civil lawsuit against the party who still fails to repay the money after repeated dunning; 2, civil cases if the summary procedure is applied for three months, the ordinary procedure for six months; 3, after the civil judgment, if the parties still do not return. The case can 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 for public prosecution, accusing the parties of malicious overdraft, which constituted a credit card crime.

Criminal law of the people's Republic of China

Article 196

Under any of the following circumstances, those who engage 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 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.

Did the bank report the overdue credit card to the local public security organ?

Hello, if the bank reports to the public security organ because your credit card is overdue, it will report to the local public security in principle. However, overdue credit cards belong to the economy and are not suspected. Even if you call the police, it will not be accepted.

Generally, the principal is 5000 yuan in arrears, and if it is not paid back for more than 3 months, the criminal responsibility of the credit card can be investigated. If the amount owed reaches 10000 yuan or more, and it has not been returned for more than 3 months after the second collection by the issuing bank, it shall be deemed as malicious overdraft according to law and suspected of being a credit card. If the amount of malicious overdraft is large, and the overdraft interest has been paid off before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law. If the people fail to perform the legally effective people's judgments and orders, they may be fined or detained according to the seriousness of the case. The detention decision of the public security organ, the detention decision of the people's procuratorate and the judicial custody decision of the people's court shall be executed by the public security organ. Generally speaking, the longest detention period in criminal proceedings is 14 days.

1. As a credit card holder, once he can't repay on time due to unemployment, illness or other accidents, before the final repayment deadline, the cardholder had better take the initiative to call the bank credit card center to explain the economic situation, declare that he doesn't owe money maliciously, and apply for deferred repayment and interest concessions. In view of the cardholder's positive performance and good credit record in the past, banks often agree to postpone repayment and negotiate a mutually acceptable repayment plan with the cardholder, such as the extension period, interest discount, monthly repayment amount, etc. In this way, if the bank actively contacts the bank and agrees to postpone the repayment, it will not be recorded in the bad record, but it should be noted that the repayment will be guaranteed as agreed in the future.

2. If you are usually negligent in repayment, you must repay as soon as possible, preferably in full. Then call the bank credit card center and declare the non-malicious arrears. If the previous record is good, the overdue time is short, and it is found that the overdue repayment is good, it can be omitted from the bad record. Don't be careless in the future. Pay attention to the bank's bill notice and collection information to avoid overdue.

To sum up, the consequences of overdue credit cards are more serious. If the amount is large and overdue for a long time, it may violate the law and even constitute a crime, which constitutes a credit card crime. In this way, the public security organ can detain the client 15 to 37 days. After investigation, the credit card owed a large amount, and the procuratorate will initiate a public prosecution.

What is the filing process for overdue credit cards?

If the credit card is overdue for three months or has not been repaid after two reminders from the bank, the bank shall be the party concerned. The general credit card arrears process is as follows:

1. First of all, the bank will file a civil lawsuit against the party who still fails to repay the money after repeated reminders;

2. In civil cases, the summary procedure is three months and the ordinary procedure is six months.

3, after the civil judgment, if the parties still do not return. The case can 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 for public prosecution, accusing the parties of malicious overdraft, which constituted a credit card crime.

According to Article 196 of China's Criminal Law and relevant judicial interpretations, if a credit card holder 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, it is a malicious overdraft. If the amount is more than 1 10,000 yuan, it constitutes a credit card crime.

To sum up, using credit cards should also be rational consumption, and don't consume your own credit. Malicious overdraft may constitute a crime if the circumstances are serious.

Extended data

Within one month of overdue, the bank will generally inform you by SMS or telephone, otherwise your personal credit will be affected. If it is overdue for more than three months, the collection will try its best to make you repay, which will also have a great impact on your daily life. The bank will probably go to court, and then you will face the bank.

After the credit card is overdue, the bank reports the case, indicating that the bank has been completely disappointed with you, otherwise the cardholder will have a hard time. The so-called filing is that the public security and judicial organs accept the bank report and file an investigation, mainly to verify whether the case is true or not.

Shenyang Municipal People's Government-Filing Process and Standards

How long does it take for a general credit card to be overdue from reporting to filing to arresting people?

If the credit card is overdue for two times or three months, the bank will, and once the case is filed, the police will arrest people soon. If the overdue amount is huge and refuses to repay, it constitutes a credit card crime and will definitely go to jail. Therefore, if your credit card is seriously overdue and is filed by the Public Security Bureau, there will usually be a three-day investigation period. After investigation and verification, the police will be sent to arrest people.

legal ground

According to Article 10 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, if the amount of malicious overdraft is large, it can be returned in full before prosecution or there are other minor circumstances. If all of them are returned before the judgment of first instance or there are other minor circumstances, they may be exempted from criminal punishment. However, unless the credit card is fined more than twice.

If the credit card is overdue and the bank calls the police, will the public security bureau file a case?

Legal analysis: the general public security bureau will not file a case if the credit card is overdue. Only when the amount involved is relatively large and no one can be contacted, the bank will call the police and the public security bureau will file a case. 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. Disappear if you don't pay it back. The public security bureau will find someone. But there are also many so-called short messages, a large part of which 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 refuses to return it after being urged 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 a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.

Article 196 of the Criminal Law of People's Republic of China (PRC) commits one of the following acts, if the amount is relatively large, it 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 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 264 of this Law.

For the introduction of overdue credit card reports, this is enough.