According to the "Overall Payment System Operation in the Third Quarter of 2018" data released by the Central Bank in November 2018, as of the end of the third quarter of 2018, the total amount of outstanding credit card credit in my country that was overdue for six months reached 88.098 billion yuan. , a month-on-month increase of 16.43; ten years ago, this number was only 3.278 billion yuan, and five years ago, this number was only 22.617 billion yuan. It has to be said that overdue credit cards have become a common situation in society. So in reality, how will the bank deal with the problem of credit card debt? Will we face jail time if we owe money? How should we deal with the impact of overdue payment?
How do banks deal with it?
What will the bank do with overdue credit cards? This depends on the amount of your debt. On December 1, 2018, the "Two Highs" gave a new explanation for the crime of malicious overdraft credit card fraud, changing the original minimum sentencing standard of 10,000 yuan to 50,000 yuan. In other words, those who owe less than 50,000 yuan on their credit cards will not be jailed for malicious overdraft credit card fraud, but those who owe more than 50,000 yuan may be jailed.
1. Overdue within three months
If a credit card is overdue within 3 months, it is the bank’s own collection stage. Bank staff will collect the money over the phone. Some amounts are larger than Large companies will come to your door to collect money. The collection at this stage is relatively civilized and legal. The biggest threat is to blacklist you or sue you. At this time, the bank will also contact your immediate family members to see if they can help return it.
According to the "Overall Payment System Operation in the Third Quarter of 2018" data released by the Central Bank in November 2018, as of the end of the third quarter of 2018, the total amount of outstanding credit card credit in my country that was overdue for six months reached 88.098 billion yuan. , a month-on-month increase of 16.43; ten years ago, this number was only 3.278 billion yuan, and five years ago, this number was only 22.617 billion yuan. It has to be said that overdue credit cards have become a common situation in society. So in reality, how will the bank deal with the problem of credit card debt? Will we face jail time if we owe money? How should we deal with the impact of overdue payment?
2. Three months to six months
At this stage, some banks will outsource the collection work to third-party companies for collection. These companies will be relatively violent in collections, although they will not Direct physical harm, but bombarding with text messages, phone calls, and even exploding address books are common.
3. For more than six months (for an amount of more than 50,000 yuan)
For debts with an amount of more than 50,000 yuan, if the early collection has not achieved any results, Then the bank will usually take the court prosecution channel. Taking this channel will have the following effects on you: (1) being included in the list of dishonest persons subject to enforcement; (2) if the repayment is not made within the specified time, the assets under your name will be Be compulsorily executed; (3) Go to jail. As for how long you have to serve, it depends on the amount of money you owe. If the amount is large enough, the maximum sentence can be life imprisonment.
The two prerequisites for malicious overdrafts in the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing the Management of Credit Cards" are: first, two collections by the card-issuing bank; second, failure to repay for more than three months. .
4. More than one year
For overdue credit cards that are overdue for more than one year (including cases involving more than 50,000 yuan in lawsuits but no assets to enforce), in this case , the bank basically acquiesced to this bad debt. There are two disposal methods at this time: (1) Batch transfer: package the non-performing assets and transfer them to an asset management company (this is illegal. According to national regulations, personal loans are not allowed to be transferred in batches, only corporate loans), but in reality Many banks in China do this privately; (2) Write-off: that is, write off the bad debt and offset the bank's current profit. However, write-off is just an accounting process. It does not mean that your debt relationship with the bank has been settled. The bank still retains the right to pursue recourse. If it later learns that you have assets, the bank will still continue to pursue repayment from you.
What should I do after the expiration date?
The overdue amount of credit cards is generally not too large, and most of them are within 200,000 yuan. For non-performing loans, banks also hope to collect them, so as long as you are willing to cooperate with the bank, in fact, many times the problem is It can be solved, but the most taboo thing is not answering phone calls, not replying to text messages, and simply disappearing.
For overdue debts, you can negotiate with the bank to suspend the interest rate (this can basically be achieved); if the amount is too large and far exceeds the repayment ability, you can also apply for partial interest exemption (each branch has an annual There is a certain interest-free limit, but this will be relatively difficult). The remaining arrears will be repaid in installments. One year is not enough for three years, and three years is not enough for five years. I think if you want to work hard, it should be possible to repay most arrears within 200,000 in five years.
Summary
The biggest impact of an overdue credit card under 50,000 yuan is on your personal credit report. Unless you no longer deal with any financial institutions in this life, otherwise, after a while Being overdue will put an end to any hope of financing in the future; if it is overdue for more than 50,000 yuan, in addition to credit problems, there is also the possibility of jail time. Therefore, everyone should try their best to cooperate with the bank to resolve overdue matters.