What should the bank do if the loan cannot be collected?

What should I do if the bank payment can't be collected?

If the payment cannot be recovered, the creditor shall require the debtor to pay the payment as soon as possible and bear the liability for breach of contract, and directly apply for enforcement after the judgment of the people's court takes effect.

If there are clues to the other party's property, you can apply for preservation. The creditor ordered the debtor to pay off the debt within 15 days from the date of receiving the payment order, or raised a written objection to the people. If the debtor fails to raise an objection and fulfill the payment order within 15 days, the people may enforce it according to the creditor's application.

legal ground

Article 241 of the Civil Procedure Law

If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property situation and the property situation one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or makes a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.

What about Bank loans overdue?

Banks generally have a three-day tolerance period for overdue people, and will take collection action after three days.

Step 1: Call and SMS for collection. In view of the short-term overdue behavior of the lender, the bank will generally call to remind the lender of the arrears and urge the lender to repay immediately.

Step 2: Call for solicitation. If the lender refuses to repay or evades repayment after telephone collection, the bank will send someone to collect it.

The third step: outsourcing collection. For loans overdue for more than half a year, the bank will entrust a special collection company for collection, and the collection method of the collection company will be very irregular.

Step 4: For the loan that cannot be recovered, the bank will require the lender to make a compulsory repayment.

Especially for friends who have mortgages and car loans, banks will auction the houses and cars they bought with loans to make up for the loan losses.

Extended data:

How many days after the deadline?

The situation of each bank is different. Examples are as follows:

1, Industrial and Commercial Bank of China: If the user fails to repay the loan on time, he will immediately conduct a credit investigation;

2. Agricultural Bank, China Construction Bank, Bank of Communications, China CITIC Bank and other banks usually set a grace period of 3 days, and some banks can extend the grace period to 6 days. As long as the user repays within the grace period stipulated by the bank, it will not affect the letter;

Some bank users will not report their credit information until the next billing date. Such banks include Shanghai Pudong Development Bank, China Bank, China Guangfa Bank and Huaxia Bank.

What if the account manager of the bank can't get the loan back?

I used to be a bank account manager, and once I borrowed money, I couldn't get it back. In retrospect, I don't think it was such an unbearable experience, and even I am grateful for it.

The loan I issued was 800,000 yuan with a term of one year. With real estate mortgage as the guarantee, the repayment method is monthly repayment of principal and interest. The borrower is engaged in building materials business, and the settlement flow is relatively large. Before lending money, I forced him to deposit the settlement deposit in our bank. Generally speaking, due to this loan, my extra salary is about 5000 yuan.

By the fourth month of repayment, the borrower has not paid back the money, and even if the interest is only several thousand yuan per month, the borrower still has difficulty in repayment. Since then, it has basically been announced that this customer has entered the collection stage.

First round of solicitation

Collection naturally begins with the account manager. You will definitely say, does the borrower have no house? Why not just auction it?

Auction of a house requires a long legal process, and it will not be put on the agenda for the time being. The most important thing is that the borrower just doesn't pay interest, and it hasn't reached the stage of not paying the principal. It is still too early to auction the house.

At first I often went to his building materials store to collect money. He also told me helplessly that all your loans were in this pile of goods, and the goods could not be sold and the accounts could not be collected. There is really no money to repay the loan.

Later, the building materials store closed and no one could be found. I started going to his house. The first time he opened the door, then the back door wouldn't open. Later, by visiting neighbors, I found that this person has not come back for a long time.

At this time, it has basically been announced that the borrower has run away. I need to report it to the higher authorities for collection.

Second round collection

I reported all the customer information to the asset insurance company in paper form, and basically withdrew from the collection link. The identification of my responsibility has also begun.

Besides, the collection of all assets, they basically rely on intimidation. Send a lawyer's letter explaining the overdue situation and so on.

In addition, they will know what assets, contacts and residences customers have through a series of means. Accordingly, we will conduct a wider search and conduct a more powerful collection.

Let's talk about responsibility identification first. Although I made my own exemption according to the post-loan guidelines, I was finally recognized as a secondary responsibility because the result did cause the loss of bank loans. The penalty measure is to cancel the evaluation qualification of the year and deduct the performance for three months, about 6,000 yuan.

The third round of collection

This round of collection can actually be called execution. Mainly to prepare materials and prepare for the trial. After winning the lawsuit, seize the time to auction the property and pay off the debt as soon as possible.

This round of collection is characterized by long time, long trial time, and even longer time for borrowers to appeal again.

There are also many uncertainties in the auction. For example, whether the property is for rent, whether the property is valuable or not, and so on. The auction of the house was successful, and this non-performing loan ended.

Summary:

There is an old saying in the banking industry that an account manager who has not had a bad experience is not a good account manager. In the collection of non-performing loans, it is an excellent opportunity to test whether an account manager can withstand the pressure and fight against non-performing customers. At the same time, it also allows the account manager to quickly identify the characteristics of bad customers. It is very helpful for the growth of an account manager.

1, loans overdue, that is, "risk exposure", the loan will enter the internal audit, mainly to see if the bank account manager has any business defects and irregularities, and if so, it will be punished. Depending on the seriousness of the case, from fines, demerits to termination of the labor contract; If there is no problem, it is called "due diligence exemption". After all, some problems are unforeseeable by the account manager;

2. There is also a kind of "pay after being laid off", leaving the job without pay and retaining personnel relations, but no salary will be paid again. You are laid off, get back the loan you issued, when to get it back, and when to resume work. Lost the protection of the unit and became laid-off workers, mostly unable to get it back;

3. loans overdue, compared with a loan officer, there is no qualitative difference between a car accident and a driver. Even if you drive a tank, you can't hit the wall a few times. Loan officers cherish feathers, and loans overdue is a piece of shit on the cloak. The career of many loan officers may change as a result.

Always walking by the river, how can you not wet your shoes?

There is a saying in the circle of account managers that account managers without non-performing loans are not good account managers. This sentence is just a joke, which means that the account manager laughs at himself, but it reflects the fact that after many years as an account manager, it is inevitable that you will encounter loans that cannot be recovered.

While the iron is hot, it needs to be hard, and "due diligence and exemption" is the amulet of the account manager.

This is the general procedure. If you can't do this, don't rush for success. Customers don't pay, and they don't pay back after the deadline. It is inevitable for bank staff to collect money in various ways.

However, if the account manager illegally lends money, and fails to abide by the process rules and regulations before, during and after the loan, giving the customer a handle and feeling guilty, how to collect it?

Many overdue customers will have a psychological change process: anxiety, mania, depression, evasion and hooliganism.

Of course, the normal bank collection process has the following steps.

① telephone collection

② Field collection

(3) Guarantor and related party collect money. In the first three processes, if the customer is willing to cooperate, he will choose to restructure the loan according to his actual economic situation, or waive part of the interest, so as to reduce the repayment pressure of the customer as much as possible and solve the problem of bad loans.

(4) After repeated collection failures, begin to prepare information.

⑤ Investigate the assets under the customer's name, including real estate, stocks, bonds, deposits, liabilities, etc., and do a good job in asset preservation.

⑥ Send overdue collection notice and summons to customers.

⑦ Court mediation or direct execution of judgment.

The collection of non-performing loans is a long and lasting process. At present, the loans issued by account managers of various banks are all life-long responsibility systems. Banks also have special collection departments responsible for the collection of non-performing loans, and the collection of non-performing loans by account managers is also continuous. Even if the loan has been made, we should continue to pay attention to the customer's capital flow and asset changes.

Although the loan is exempt from due diligence, the bank credit department will conduct loan assessment irregularly according to the task of bad pressure drop, and individuals and departments who have not completed the assessment task will still be deducted from the salary performance.

I'm glad to answer this question. There is a strict handling process for bank mortgages not to be recovered.

The first step is to handle account manager collection, including telephone collection and door-to-door collection.

The second step is for the legal and compliance departments to intervene, investigate and define the responsibility of the manager, and hold the account manager accountable.

The third step, the asset preservation department participates in the preparation of materials and contacts lawyers to prepare lawsuits. When the judgment is executed, the bank will recover it according to law. If the assets disposed of are insufficient to repay the loan. Banks should also write off bad debts, that is, deal with bad debts.

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It depends on whether the bank's lending is linked to the responsibility of the account manager. If you link, the account manager will be affected!