Yes, if the bank cannot repay the minimum repayment for more than three consecutive months, the bank has the right to file a lawsuit
How to deal with credit card bad debts:
1. Overflow Bad debts caused by payment, how to deal with them, withdraw excess payment, and cancel the account.
2. The treatment of bad debts caused by the annual card fee is relatively simple, just pay off the outstanding balance and close the account.
Bad debts refer to receivables that have passed the payment deadline, cannot be recovered after collection, are in a sluggish state for a long time, and may become bad debts. Bad debts are the result of failure to settle accounts in a timely manner, and also refer to property that cannot be recovered because the other party does not repay it.
There are two general situations of bad debts:
1. Bad debts caused by unpaid annual fees.
Forgetting to pay the annual fee is very common. Who doesn’t have more than 6 cards in their wallet? It’s normal to forget to pay the annual fee if they are not frequently used. Don’t panic if you encounter it. Just pay off the debt and then close the account. Generally, banks will actively help you deal with it. It is the simplest situation.
2. Bad debts caused by arrears.
First pay off the debt, and do not pay more. After paying off the debt, you must close the account. Different from overdue debts, bad debts must be closed, otherwise the bad debts on the credit report will not be eliminated. The point is, paying off the debt is not enough, you must not pay more, and don’t forget to close the account.
Although bad debts will cause a lot of trouble, the advantage is that when the debt becomes bad debts, new interest and penalty interest will stop accruing.
Credit card bad debts, also known as bad debts and bad debts, are the portion of accounts receivable that cannot be recovered. It is classified as an expense and appears on the income statement. The reason why bad debts occur is because companies provide credit facilities to customers in order to sell goods. Therefore, the occurrence of bad debts is an expense incurred to generate revenue.
Legal Basis
1. According to the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)", a malicious overdraft of a credit card amounted to If the amount exceeds 10,000 yuan, a case should be filed for prosecution. "Malicious overdraft" refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the card for more than three months after being called upon twice.
2. Article 196 of my country's "Criminal Law" stipulates that if a cardholder overdrafts beyond the prescribed period and still does not return it after being called by the card-issuing bank, the cardholder who uses a counterfeit credit card, etc., shall If the amount is relatively large, the person 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 particularly huge or other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation may be imposed. Note: If the amount of a malicious overdraft is between 10,000 yuan and less than 100,000 yuan, all the overdraft interest has been repaid before the public security organ files a case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. When a cardholder's overdraft exceeds the prescribed period and is collected twice by the card-issuing bank, but fails to repay the overdraft for more than three months, it constitutes a crime of credit card fraud. The bank has the right to contact the local judicial authority to criminally prosecute the cardholder.