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), who 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 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.
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 them. 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! ! !
A total of about 500 thousand credit cards were owed, and now they have been called by China Merchants Bank to report the case. What should I do?
China Merchants Bank will call 02 1 12363 to complain about overdue credit cards. China Merchants Bank will help you in stages in a few days.
I owe a total of about 500,000 credit cards, and now I am called by China Merchants Bank to report the case. What should I do?
Xiao Chunchun had a similar experience. Let me talk about my own views below, hoping to help you.
Under what circumstances will the bank report the case?
Generally speaking, reporting a case is to report it to the public security organ and ask it to arrest people and recover losses. Only when certain conditions are met will the public security organ file a case. The condition for filing a case here is that the principal is more than 50 thousand yuan, and the bank has failed to return it after two effective collections for three months, which is in line with malicious overdraft, and the public security organ will file a case for investigation. Therefore, the topic owner can analyze it according to his own situation. The bank credit card center will also collect relevant evidence before reporting the case, and those who meet the standards will choose to report the case. For those who do not meet the criteria for filing a criminal case, the bank can not only report the case to the public security organ, but also file a lawsuit against the people and recover the arrears through civil channels.
What if the bank reports the case?
First of all, we must confirm the authenticity of the bank report. At present, the common method used by collectors is to claim to report the case, so as to achieve the purpose of repayment for fear of being arrested by public security organs. Don't panic in this case. Do the following things in an orderly way.
First, negotiate sincerely with the collection personnel to express the willingness to repay. If you have financial difficulties and can't repay, you should also make it clear and try to negotiate repayment.
The second is to call the bank's customer service phone, which is also to express their willingness to repay and practical difficulties, and strive to negotiate repayment with the bank. Under normal circumstances, banks will not easily agree, but will do it. At the same time, do a good job of recording the phone and collect evidence for yourself to prove that it is not a malicious overdraft.
The third is to verify whether the bank reported the case. You can ask the bank or the public security organ. Under normal circumstances, if you are not informed by the public security organs or through other channels, it can be regarded as false.
Don't worry, it won't be reported for the time being. It's just a threat to an external debt collection company. This kind of thing also happened to my colleagues around me, and then I answered the phone and helped her deal with it. I clearly remember that the other party had a bad attitude and I couldn't communicate with them at first. After talking for a few minutes, I was irritated. After I told the other party that the conversation had been recorded, the attitude on the other end of the phone was restrained.
The process is roughly that the relevant personnel of overdue banks will politely make telephone inquiries and reminders. If it continues to be overdue, the bank will entrust the debt collection company to conduct telephone harassment according to the evaluation criteria. If you continue not to pay the loan, you will receive a subpoena, followed by court trial and out-of-court settlement. After the situation continues to deteriorate, the bank will apply for enforcement!
When you get another call from the other party, if the other party has a tough tone, you can even tell the other party to pay attention to their attitude and way of speaking! If there is a language threat, you can clearly tell the other party that you are in complete memory. After leaving evidence of language threats, you can even report the other party's involvement in black.
Of course, please remember that the other party is calling for payment, and the theme of your communication is to negotiate repayment matters and your repayment plan, that's all!
Finally, I would like to advise you that it is still your fault to owe money. Even if the other party has a bad attitude, it will not change the outcome of not paying back. Generally speaking, it won't take too long to receive a phone summons, so please be prepared to go to court and be enforced.
What should I do if the credit card is in arrears and the bank sends an alarm notice?
After receiving the warning letter of credit card crime report from the bank, the cardholder should return the credit card debt as soon as possible, otherwise the bank will report the credit card crime to the public security organ and investigate the criminal responsibility of the cardholder. In this case, the cardholder should repay the arrears as soon as possible. If it is really unable to repay, he should also communicate with the bank to ask for an extension of the repayment time and an appropriate reduction of the late payment fee.
According to Article 196 of the Criminal Law, credit card crime refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations.
The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft. Credit card crime is a kind of crime, and the relationship between crime and crime is special law and general law. In this crime, credit card is a tool of crime, not the object of crime.
Extended data:
key component
The constitutive elements of credit card crime are as follows:
1, the object of this crime is the credit card management system and the ownership of public and private property.
2. The objective aspect of this crime is the behavior of the actor to defraud public and private property by using credit cards through fictional facts or concealing the truth.
3. The subject of this crime is a general subject, and a natural person can be the subject of this crime.
4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. What needs to be pointed out here is that in all kinds of behaviors of credit card crimes, the perpetrators have different criminal intentions because of their different behaviors.
For example, if a crime is committed by using a forged credit card or an invalid credit card, the actor must subjectively know that it is a forged or invalid credit card, otherwise it cannot constitute this crime. In the case of credit card overdraft, the distinction between goodwill overdraft and malicious overdraft should also be analyzed from the intentional content of the actor. If the perpetrator intentionally occupies other people's property, it is a malicious overdraft, and vice versa.
References:
Baidu Encyclopedia-Credit Card Crime
What if the credit card has not been reported to the bank?
After the credit card is not reported to the bank, the debtor should actively cooperate with the police investigation and repay the arrears in time. If you refuse to repay after collection, it is a malicious overdraft, and malicious overdraft will bear criminal responsibility.
According to Article 9 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, the amount of malicious overdraft refers to the actual overdraft principal amount that has not been returned when the public security organ files a criminal case, excluding interest, compound interest, late fees, handling fees and other fees charged by the issuing bank. The amount returned or paid shall be regarded as the return of the actual overdraft principal.
When examining and prosecuting, the procuratorial organ shall examine and determine the amount of malicious overdraft according to the transaction details, classified bills (overdraft bills, repayment bills) and other evidence materials provided by the issuing bank, combined with the excuses, defense opinions and relevant evidence materials put forward by the criminal suspect, defendant and their defenders;
If it is difficult to determine the amount of malicious overdraft, it shall be examined and determined according to the accounting audit report and other evidence materials. During the trial, the people's court shall, on the basis of verifying the above evidence, determine the amount of malicious overdraft. The relevant evidential materials provided by the issuing bank shall have the signature of the bank staff and the official seal of the bank.
Extended data:
Article 196 of the Criminal Law of People's Republic of China (PRC), who 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.
Baidu Encyclopedia —— Some Issues on the Specific Application of Law in Criminal Cases of Impairment of Credit Card Management
That's enough for the introduction of the bank report on credit card arrears.