Receiving a letter from a lawyer indicates that the bank has issued an ultimatum. In this case, the following should be done:
1. You can contact the bank first to confirm the solution. The debtor can give the bank a repayment plan. If the bank accepts it, there will be no problem as long as the contract is fulfilled according to regulations.
2. Although receiving a lawyer’s letter does not mean that the other party is suing, it cannot be ignored. According to bank regulations, the bank's legal department will file legal proceedings according to procedures. After a formal lawsuit is filed, a court summons will generally be received within two weeks.
Legal basis:
Article 66 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks"
The card-issuing bank shall establish a credit card debt collection management system and standardize it Credit card collection strategies, authorities, processes and methods to effectively control business risks. Card-issuing banks are not allowed to use a single assessment method for debt collectors based on commission on the amount of debt recovered.
Credit cards have repayment time limits. If you do not repay, there will be very serious consequences. According to Article 14 of the "China Bank Card Industry Self-Discipline Convention", the delay in credit card repayment shall not exceed 3 days, or the difference in repayment amount is less than 10 yuan, no penalty interest will be charged. Article 13 of the "China Bank Card Industry Self-Discipline Convention" also stipulates that banks provide cardholders with time-sensitive services and provide repayment reminders through text messages, emails, etc. at least 3 days before the due repayment date, and provide at least 3 days of payment reminders. 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.
Overdue credit card repayment refers to the situation where the final repayment period stipulated by the bank is exceeded and the consumed amount is not deposited into the designated account in time and in full. After the due date, the following consequences will occur:
1. Late payment fees will be incurred and the repayment amount will be increased.
2. The credit reporting system is flawed. If you can get the bank's understanding, you should consider asking the bank to cancel the bad credit record. If it cannot be revoked, the bad record will be retained for 5 years, which will affect the borrower's future financing possibilities.
3. If the process of obtaining a loan is false, or the loan is misappropriated, or the purpose is illegal, you will bear criminal liability.
Legal Basis
Article 196 of the "Criminal Law"
Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be punished Whoever commits a crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; 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 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. The following fines; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.