credit card is like a double-edged sword, which can bring you many conveniences if you use it easily. But do you know how serious the consequences of overdue credit card are? Will the overdue credit card still go to prison? What will the consequences of overdue credit card?
1. Received a text message prompt repayment, not to be arrested?
Once your credit card debt enters the collection process, the bank will not send you any text messages. The whole process is sent to the bank's collection department (or outsourcing Collection) for collection by phone and recording. So don't be afraid to receive a text message, according to your own ability, according to the minimum amount of debt repayment can continue to repay on time, no need to take care of anyone. At the same time, please ignore any text messages.
2. Receiving a collection call from an organization claiming to be a police station?
Tell you four words, are false. When the police station arrested you, it also told you that I went to arrest you? And as long as you repay according to the minimum repayment of credit card on time, even if the minimum repayment is not up, repay according to your own ability. It would not constitute a crime.
According to Article 196 of the criminal law, the specific performance of the crime of credit card fraud includes malicious overdraft, and the interpretation of the criminal law for malicious overdraft: "overdraft refers to the behavior that the customer who has set up an account in the bank has no funds or insufficient funds on the account, and the customer is allowed to use the amount of money beyond the amount of funds on the account with the approval of the bank. Overdraft is essentially a bank loan to a customer.
The so-called malicious overdraft, according to the provisions of credit card fraud in the second paragraph of Article 196 of the criminal law, refers to the behavior that the cardholder of the credit card overdrafts beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession and still fails to return after being collected by the issuing bank. The essential difference between bona fide overdraft and malicious overdraft lies in the subjective difference of the actor. Both of them cause overdraft objectively, but the actor who overdrafts in good faith has the intention of using the overdraft first and then repaying it. At that time, he will repay the overdraft and interest, while the actor who overdrafts in bad faith wants to take the overdraft as his own, does not want to repay or has no ability to repay it at all, and evades the debt by absconding. '
That is to say, according to the above laws and regulations, it's not hard to see that as long as you have the intention to repay and make repayment according to your personal maximum repayment ability on time every month. The bank won't and can't sue you.
As for the police station, it's even more nonsense. Credit card reports are directly reported to the economic investigation department. The police station doesn't care about this at all.
3. Can I pay the overdue credit card in installments?
Unable to repay in time to prove that their non malicious arrears can apply for delayed repayment, installment these can also be negotiated with the bank, as long as it is not malicious arrears, everything is easy to do!
According to the above three questions, it is not difficult to see that the mentality of most card friends is how to do after the arrears? What to do after being collected by the bank? Will they be prosecuted, will they go to jail, etc.
Basically, as long as the amount is not particularly large (the regulations of each bank are different, and the four major banks seem to be 500000), as long as you have the intention of repayment and normal repayment, no matter how much or how little, as long as you are making repayment. It's all right.
So what we have to do is to cooperate with the bank, and we can ignore the collection. As long as you pay a sum of money to the credit card you owe every month (in addition to the necessary expenses of your life), even if you are sued by the bank one day, you will not be convicted. Because your main behavior can not constitute the crime of credit card fraud. Of course, you don't need to pay attention to the collection during the period of being called, but you must pay attention to the following issues, which is the key to whether you will be sued by the bank. Do not let the bank contact you, that is to say, do not change any contact information you leave in the bank. Call the bank even if it's changed.
It should also be noted that the overdue payment of credit card may affect your personal credit problems. If the overdue payment is more than 6 times, you can't buy a house with provident fund loan.