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What if a person is in prison and his credit card is unable to repay?
Hello, I'm Scarlett's notes.

Let me tell a real case around me to answer this question: Last year, about 165438+ 10, a customer called me to apply for a credit card. Yes, but in person, I didn't ask in detail on the phone. I thought I would ask after meeting, but after a careful chat, I found that he had a black account and his credit card was overdue 12 months. Why is it overdue? It is the matter in the above question. He went in because of something. He didn't tell anyone about the credit card debt. After he entered, he lost contact with the outside world. The bank can't contact him because the credit card has expired. He went in for a year, so he was one year overdue. When I came out, I found that the credit card was frozen, and even the penalty interest and liquidated damages were tens of thousands. Just came out, no income. I thought about how to return the overdue credit card. Great, I can't do anything.

Therefore, when a person is in prison, every penny that should be returned to the bank is indispensable, and it will be returned sooner or later.

After being in prison, people have no time to manage credit cards and have no ability to create the ability to repay credit cards because they are serving their sentences in prison. How to properly handle your credit card debt is really not an easy task.

But in any case, your debt will not be forgiven because you are in prison. You should seriously think about the solution.

Because all credit cards have a billing date, if overdue repayment will cause liquidated damages and late fees, it is best to communicate with the bank seriously and explain the situation, hoping that the bank will agree to the repayment method of "stopping paying interest".

When communicating with the bank, you should explain your sentences clearly. If it's life imprisonment, the bank can't wait for you forever. If it is short-term imprisonment, you can negotiate with the bank, hoping to stop calculating the interest on your credit card and give you a reasonable grace period to repay the principal in installments. This time is calculated from the time after you get out of prison, because there is no income in prison, let alone repayment.

In any case, after the credit card is owed, the money will be paid back sooner or later. Prison does not dissolve the civil legal relationship with the bank. If the bank doesn't agree to negotiate a settlement, it can only find ways to borrow some money from relatives and friends around it to pay off debts.

Instead of letting interest roll down, these debts may never be paid off when they come out in the future. Of course, if you have property, you can entrust your relatives to handle the property to pay back the credit card. If you passively wait for the bank to sue for enforcement, the house auction will depreciate and the loss will not be small.

If you have no money or property and your relatives and friends can't help you, you can only explain the actual situation to the bank. If you can reach an agreement, it is best. If you can't reach an agreement, then go to jail with peace of mind, try to get out of prison as soon as possible, and then find a way to solve it. After all, your personal freedom is restricted, and you can't handle it scientifically.

From a legal point of view:

1. If a credit card is seriously overdue and imprisoned, it is a crime of credit card fraud. The law defines you as fraud rather than overdue.

2. As a crime of credit card fraud, it needs to bear criminal responsibility and civil responsibility (i.e. repayment responsibility).

3, people have been in prison, indicating that they are criminally responsible. Then, when will the civil liability be paid? After getting out of prison.

So, be sure: after you come out, you still have to return it.

4. You will ask, what should I do if I can't afford it after I come out? There is only one answer: work hard to make money and pay off the accounts.

5. Banks are lifelong pursuits, with high arrears, interest and penalty interest.

The three parts of expenses incurred by credit card arrears are interest, late payment fee and over-limit fee (which will be charged when the amount reaches a certain limit).

Major banks have a minimum repayment amount for credit cards every month. The minimum repayment amount of most banks is 65438+ 00% of the payable amount. If you still owe 10000 yuan after the credit card repayment is due. Then, the minimum repayment amount is 1000 yuan. If a citizen repays more than 1 000 yuan, according to the regulations of the central bank, interest will be charged at the rate of five ten thousandths of daily interest. If the repayment is lower than the minimum repayment amount 1000 yuan, there will be a late payment fee. The overdue fine is charged at 5% of the unpaid monthly interest rate. For example, the citizens only paid 500 yuan, but did not reach the minimum repayment amount 1 1,000 yuan. Then in addition to the interest charges, 500 yuan also has a monthly fine of 5%.

In addition, if the credit card is in arrears for a long time and the accumulated arrears reach the amount stipulated by the bank, there will be an overrun fee. The over-limit fee will be charged at the rate of 5% per month. Some banks have set minimum and maximum charges for over-limit fees.

It is worth noting that all kinds of fees charged by credit cards are calculated according to compound interest. If the cardholder fails to repay the loan in time, his interest, late payment fee and over-limit fee will be compounded with the progressive principal next month, which is what people usually call rolling interest.

It's terrible.

6. The bank will force you according to law. If you have a house, a car, a deposit and other property in your name, it may be enforced.

7. Your personal credit system will collapse, and whatever you do in society in the future will be greatly restricted and hindered. In the credit union, it is difficult to move forward without credit. Don't put yourself in for a lifetime because of some money.

To sum up:

Credit card is not a black online loan, so pay back the money honestly.

Negotiate the repayment period and amount with the bank, and strive to make money to repay the account. If you have a house and a car at home, you will sell it and plug your account.

Generally, credit card arrears are not much, up to tens of thousands or hundreds of thousands. It is not difficult to bite the bullet and pay off. Don't put yourself in for a lifetime, it's not worth it.

What should I do if my credit card can't be repaid because I'm in jail?

Make a simple analysis around this problem:

First of all, if you leave, it is the most unwise choice, because even if you get out of prison, you will find yourself in the judicial system and credit system, which leads to "being unable to move."

You can entrust others to handle it. Because the debtor is suspected of committing a crime, his personal freedom is restricted and he cannot be exempted from the responsibility of the credit card. Banks have the right to sue. It is suggested that the parties actively communicate with the bank or contact their family and friends to handle it on their behalf, otherwise it may constitute credit card fraud. According to the first paragraph of Article 196 of the Criminal Law: "In any of the following circumstances, if the amount of credit card fraud is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; 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 particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be 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 second paragraph stipulates: "Malicious overdraft arrears 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. "

Therefore, the way to string numbers is to ask family members or relatives and friends for help!

This question is simple. If you continue to pay back the money after you get out of prison, criminal punishment cannot exempt you from civil liability, otherwise the bank will not choose to report the case but choose to settle it.

If you don't pay back the money owed by your credit card, you must pay it back in prison!

Borrow money from home but don't ask.

It is ungrateful to borrow money from friends.

Only credit cards know you best and are willing to lend you money and pay your debts.

Let me tell you an example. A credit card holder named Lin applied for eight credit cards from several banks in three years for overdraft consumption and cash withdrawal in order to invest in health clubs. However, the fitness club closed down due to poor management, and Mr. Lin owed the bank 1.5 million yuan. In the face of the bank's request, Mr. Lin not only refused to pay back the money, but also simply turned off his phone, and was finally prosecuted for alleged credit card fraud.

Ms. Cai, who is in her thirties, has no fixed income and occupation. However, during the period of 10, she handled 12 bank cards in six banks, and maliciously overdrawn10.8 million yuan for daily consumption and luxury goods, which has not been repaid so far.

In the end, both of them were sentenced to fixed-term imprisonment 10 year and 6 months, and fined about 654.38+million, and the arrears were recovered for life.

In addition to malicious overdraft, a small amount of malicious evasion of the law is not light!

Mr. Lai applied for a credit card for overdraft consumption. After repaying 500 yuan, he has been in arrears. After repeated reminders from the bank, the defendant still refused to repay. During the three-year period, the defendant changed his address, work unit and contact information without telling the bank, evaded the bank's dunning, and evaded legal sanctions through small malicious repayment. Finally, * * * owed the bank a principal of 32,753.23 yuan, and the court sentenced him to fixed-term imprisonment of 1 year and fined him 20,000 yuan.

1 year after serving his sentence, the 20,000 yuan seized has already been transferred to the account stipulated by the court, but it is not over yet. Mr. Lai's record of arrears in the bank has never been cancelled, and the amount is getting bigger and bigger. At present, this figure has risen to more than 340,000 yuan. In his personal credit record, this debt has become a "pain" that can never be erased.

Within 3 months when the arrears are less than 65,438+0,000 yuan.

The bank will entrust a lawyer to sue you, and then the court will enforce the property in its name, such as bank deposits, real estate, cars and so on. This will affect your personal credit, and it will be difficult to get a loan in the future.

In addition, you have to pay overdue fines, interest and so on. Due to late payment.

The arrears exceed 6,543,800+0,000, which is overdue for more than 3 months and has been collected for more than 2 times.

According to the amount of money you owe, you will be sentenced to 1- 15.

Of course, this is already a "malicious" overdraft.

You went to prison, but you still didn't return his credit card. Tell them this is called force majeure, and interest will not be calculated for the time being. Remember when the principal will be paid out, and just pay it back when you have income. Don't worry that the bank won't go to the prison to collect debts from you, even if it's urgent, it's useless. I don't think you will be allowed to engage in sideline and part-time jobs.

The bank is not afraid that you will not pay back the money, but that you really have no money. Some enterprises just spent a lot of money on equipment and went bankrupt before they started production. The equipment you need is the baby, but not the garbage. If it is not disposed of, it is a bad debt. A pile of equipment is backed by hundreds of millions of loans, but it is only worth tens of thousands. How to fill the huge hole in the middle? This is not surprising. You can only put inflation aside for decades, and you can fill this loophole yourself. If you borrowed 1 0,000 yuan 40 years ago and put it today, it is not a concept at all.

So at this time, you become a strong party, and at this time, the bank really becomes a weak party. You come out to make money, and the bank will find repayment.

Hello, friends! Looking at the title, I think of the white-haired girl, her hair is white, and she is still afraid to go down the mountain ... The friend in the title is "all like that" and broke her heart for a small card ... I can understand! After all, there is a lot of work, but the salary level is still far from it … first of all, the bad news is that the credit card still needs to be returned! Another piece of good news, the extremes meet, just through this matter, first open a certificate, apply for interest relief during the period ... and then negotiate with the bank sincerely about the tragic experience ... Maybe the bad thing will turn into a good thing, and then be honest again through relief, installment and debt repayment ...

First of all, if you look at the headline analysis, you owe the credit card first, and then you sit down ... The credit card must be returned, because it is a debt! And the bank is impossible, because it is "in" and both are free ... In that case, it is not allowed to queue up ... These two things are one each!

Second, it is a special reality that there is really no income and working ability during this period! It is feasible to open a certificate and communicate with the bank first to reduce the interest of this "period" fee …

Third, bad things turn into good things, a big reversal! It is impossible to get out of jail without income, and immediately enter a normal state … just use this matter to negotiate with banks, so that desperate banks can see hope … they want to pay back day and night, but there is really no income … even, perhaps, jail and credit cards will have thousands of silk! Tell the tragic story to the bank and show the sincerity of repayment. Maybe the bank can be moved by your sincerity and be lenient, for example, first reduce the fees and interest during this period ... and then appropriately reduce other interest expenses, combined with staging, etc ... This will reduce the total amount, win time, win both the bank and you, and achieve social harmony. ...

Comprehensive analysis shows that these are two different events, but they are also inextricably linked! If you don't pay it back at all, it is obviously unrealistic to reduce it all! If it is delayed, the credit on the credit card ... does not rule out the possibility of being sued in the future ... The daily life in the future, such as financial activities, and even family members, will be subject to many restrictions, which will not pay off! And if through this matter, friendly and sincere negotiation, the bank will recover the principal on the basis of giving relief and installment, you will wash away the credit, do it honestly, and the society will be harmonious. This is a good way for all parties to win, and a good result!

You must repay the bank. No matter what situation you are in, it is not an excuse for you to avoid the arrears. So, you should work hard to make money and then pay back the money.

1. Credit card overdue

Overdue credit card is a breach of contract. At this time, you can negotiate with the bank to effectively remedy the overdue situation by means of minimum repayment amount and bill installment, that is, you don't need to make a credit report, and the arrears are also paid.

If the minimum repayment amount and bill installment time have passed, it is overdue and you have applied for a credit investigation. At this time, you should also negotiate with the bank to ensure that you will pay off the debt. Don't ignore it. In this case, banks usually give you a grace period. Although you are overdue and applied for a credit report, the bank has not blacklisted you.

If you can't pay back, don't be a deadbeat. You should also negotiate with the bank to show your current situation and say that you will pay off your debts. Don't let the bank go through the judicial process. If you don't take the initiative to communicate with the bank, blacklisting is still a trivial matter, and being complained by the bank is a big deal.

2. Credit card repayment

Credit card debt is inevitable, so the best way is to actively repay it. Generally speaking, it is also an effective way: borrow money and pay off the credit card debt quickly, otherwise the interest and late fees will be enough for you.

Secondly, try to make money and return it to the person who lent you money. Don't let your credit report be hacked and annoy your own people.

After all, it is natural to pay back debts. No matter who you owe money, you can't escape. The best solution is repayment, and there should be no luck.

There is a ridiculous saying: What happens to people who owe money and don't pay it back?

Answer: Either running or on the road.

When applying for a credit card, the parties will leave the telephone numbers of their immediate family members and relatives. When the parties lose contact for a certain period of time, the bank will contact your emergency contacts one by one until the arrears are settled. I have experienced it personally, so I won't go into details. Paying off debts is a matter of course.

The bank's money is not made of waves. In the era of big data, please cherish your credit. Knowing when to lose it is really important.

Because you can't get the money, you should re-judge after careful verification, provide evidence chain and provide real data, but pay attention to the fact that the debt must be legal, and then slowly fill in the money by your own ability.