Credit card overdue
First, what are the rules for not having a credit card?
Article 196:Criminal Law.
a) Using a forged credit card, or using false identification to fraudulently obtain a credit card;
b) Use of an invalid credit card:
3) Fraudulent use of another person's credit card;
4) Malicious overdraft.
"Malicious overdraft" as used in the preceding paragraph refers to the act of a cardholder who overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and does not return it after being collected by the card-issuing bank.
According to the provisions of Article 264 of this Law, the penalty for stealing and using credit cards.
Article 264:Criminal Law.
Theft] Whoever steals public or private property in a relatively large amount, or who commits multiple thefts, burglaries, thefts with weapons, or pickpocketing, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and a concurrent fine or separate punishment;where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given;where the amount is huge or there are other serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
Second, what should I do if my defrauded credit card hasn't been paid?
If you are defrauded of your credit card, you can use the minimum payment feature. Each bank will have a minimum payment feature. As long as the minimum payment is paid off, the bank will not charge late fees and will not affect personal credit. Generally, the minimum payment is 10% of the total bill. For example, if you spend 10,000 yuan on your bill this month, the minimum repayment amount is only 10,000 yuan multiplied by 10% equals 1,000 yuan.
Article 287:Criminal Law of the People's Republic of China.
Where information networks are used to carry out any of the following acts, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine:
1) Establish ** and communication groups for illegal and criminal activities such as carrying out fraud, teaching criminal methods, and producing or selling prohibited or controlled items;
2) Publishing prohibited items, controlled items, or other illegal and criminal information, such as the production or sale of drugs, firearms, ** items, etc.;
3) Publish information on the commission of fraud and other illegal and criminal activities.
What should I do if my credit card is overdue?
If the credit card is overdue for a long time, you can take the initiative to negotiate with the financial institution and the other party, repay the loan in installments, and then reach mediation. If you owe a credit card and can't sue at the bank, you probably won't go to jail, depending on the circumstances. If the credit card arrears are not repaid when due, it is a breach of contract in civil law, and the debtor shall bear the corresponding liability for breach of contract in accordance with the provisions of the credit card terms of use.
Article 196:Criminal Law.
Credit card fraud can occur in one of the following situations. where the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a fine of between 20,000 and 200,000 RMB is to be given;where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a fine of between 50,000 and 500,000 RMB is to be given;where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, a fine of between 50,000 and 500,000 RMB, or confiscation of property
a) Using a forged credit card, or using false identification to fraudulently obtain a credit card;
b) Use of an invalid credit card:
3) Fraudulent use of another person's credit card;
4) Malicious overdraft.
"Malicious overdraft" as used in the preceding paragraph refers to the act of a cardholder who overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and does not return it after being collected by the card-issuing bank.
According to the provisions of Article 264 of this Law, the penalty for stealing and using credit cards.