Will loans overdue's malicious overdraft really make the verification application receive a short message from Shi Tao Law Firm?

The overdue loan is maliciously overdrawn. You can check whether this short message received by Shi Tao Law Firm is true. It depends on whether you borrowed money or not. If you really borrowed the money, it is very likely that you received this message. But if you didn't borrow the money, it might just be some fraudulent phone calls or harassing phone messages.

1. What will be considered as malicious overdraft?

It is not uncommon that some cardholders' credit cards are overdue for more than three months, and they have not repaid after receiving bank reminders, and they have not been identified as malicious overdrafts. However, in general, if a cardholder knows that he is unable to repay the overdraft, squanders the overdraft, escapes after overdraft, conceals or transfers assets after credit card overdraft, uses overdraft funds to carry out illegal and criminal activities, and refuses to return other illegally occupied funds, it will be considered as malicious overdraft.

Second, what will be the impact of malicious overdraft?

Economic impact: when our credit card is overdue, we need to repay not only the arrears that should be repaid, but also part of the liquidated damages, that is, 5% of the unpaid part of the minimum repayment amount, in addition to paying five ten thousandths of the circulating interest; Life impact: Cardholders who are identified as malicious overdrafts will be listed as bad records in personal credit information. If the amount is large and the behavior is bad, it will take five years to eliminate the bad record. With the rapid development of the Internet today, if there is a bad credit record, it will directly affect people to buy a house, a car or handle other loan business. Although this bad record is only included in personal credit information, it sometimes affects children and family members. Legal Risk: Credit card holders who maliciously overdraw more than 50,000 yuan but less than 500,000 yuan shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law, which constitutes the crime of credit card fraud and is subject to legal sanctions. However, it is worth noting that if the issuing bank has insufficient evidence or has not filed a lawsuit with the bank, even if the cardholder has malicious overdraft behavior, it will not be recognized as malicious overdraft by the court.

It is suggested that when our credit card is overdue, if we cannot pay the repayment amount, we should not only seek the help of relatives and friends as much as possible, but also express our willingness to repay to the bank. If the amount is really huge, our usual income level can't be paid off in a short time, so we can negotiate with the bank to "stop paying the bill" to ease the recent economic pressure.