Overdue credit cards are transferred to the legal processing stage

1. How long does it take for a credit card debt to be transferred to the Ministry of Justice for litigation?

After a credit card debt is owed, if the bank makes a debt call and the cardholder fails to repay, the bank will The relevant materials of the debtor will be transferred to the legal department and the payment will be made through legal channels, but how long it takes to process is determined internally by the bank.

How to determine an overdue credit card:

The "China Bank Card Industry Self-Discipline Convention" stipulates that if the payment is delayed for up to 3 days and the repayment difference is within 10 yuan, no penalty interest will be charged. The "Convention" stipulates that banks provide cardholders with long-term services, send repayment reminders through text messages, emails, etc. at least 3 days before the due date of repayment, and provide at least a 3-day repayment period. In other words, if the cardholder repays the money within 3 days after the specified repayment date, the bank should treat it as full repayment at the same time, without penalty interest. Note: 3 days refers to natural days, not working days.

The bank also provides tolerance services for cardholders, that is, if the cardholder has insufficient repayment in the current period, and the outstanding amount is less than or equal to a certain amount (at least the equivalent of RMB 10), he should The cardholder will be deemed to have repaid the amount in full.

2. What will the bank do if the credit card is overdue?

The "China Bank Card Industry Self-Discipline Convention" stipulates that the maximum delay is 3 days and the repayment difference is within 10 yuan. Then charge penalty interest. The "Convention" stipulates that banks provide cardholders with long-term services, send repayment reminders through text messages, emails, etc. at least 3 days before the due date of repayment, and provide at least a 3-day repayment period. In other words, if the cardholder repays the money within 3 days after the specified repayment date, the bank should treat it as full repayment at the same time, without penalty interest. Note: 3 days refers to natural days, not working days.

The bank also provides tolerance services for cardholders, that is, if the cardholder has insufficient repayment in the current period, and the outstanding amount is less than or equal to a certain amount (at least the equivalent of RMB 10), he should The cardholder will be deemed to have repaid the amount in full.

After a credit card is overdue, banks usually use the following forms of collection:

(1) SMS collection

Mainly targeted at early cardholders’ overdue repayments. Behavior is generally 7 to 15 days overdue, and text messages mainly serve as reminders.

(2) Telephone collection

Mainly for overdue behavior that exceeds 30 days and exceeds one billing period, telephone reminders are made for repayment.

(3) Door-to-door collection

Mainly for overdue payments of more than 90 days, the bank will arrange collection personnel to visit the cardholder’s residence or work address to collect repayment.

(4) Court prosecution

Mainly for overdue payments of more than six months, the bank will apply to the court to require the cardholder to sue for repayment.

(5) Outsourced collection

Mainly for overdue funds of more than one year, the bank will package the overdue funds and give them at a discount to an outsourced collection company, which will be responsible for collecting overdue debts.

3. How to identify credit card fraud

1. Credit card fraud includes:

(1) Using forged credit cards and using false identity certificates to defraud credit cards. Credit cards, invalid credit cards, or fraudulently using other people’s credit cards to conduct credit card fraud, with the amount exceeding 5,000 yuan.

(2) Malicious overdraft of more than 10,000 yuan. If a cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed as a "malicious overdraft." Anyone who has one of the following circumstances shall be deemed as "for the purpose of illegal possession":

① Knowing that he has no ability to repay and making a large overdraft that cannot be returned;

② Spending the overdraft wantonly funds that cannot be returned;

③Escape after overdrafting, change contact information, and evade bank collection;

④Escape or transfer funds, hide property, and evade repayment;< /p>

⑤Use overdraft funds to carry out illegal and criminal activities;

⑥Other illegal possession of funds and refusal to return them. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

2. The fraud that constitutes this crime must also be based on intention, and it must be direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property.