Legal analysis: Credit card lawsuits are filed in the grassroots people's court where the defendant is domiciled. For credit card overdue behavior that is more than 30 days and more than one billing period, banks mainly use the following five credit card collection methods:
1. SMS collection, mainly for early cardholders who have overdue repayments. Behaviors are generally 7 to 15 days overdue, and text messages mainly serve as reminders;
2. Telephone collections, mainly for overdue behaviors that are more than 30 days and more than one billing period, call reminders for repayment;< /p>
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 cases that are overdue for more than six months, the bank will apply to the court and require the cardholder to sue for repayment;
5. Outsourcing collection, mainly for cases that are overdue for more than one year, the bank will package the overdue funds. , give a discount to an outsourced collection company, which is responsible for collecting overdue debts.
Legal basis: "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 The cardholder exceeds the prescribed limit or regulations for the purpose of illegal possession. If the card is overdrafted within the time limit and is still not returned for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Article 196 of the "Criminal Law of the People's Republic of China" The following situations are illegal possession:
(1) Knowing that one has no ability to repay and making a large overdraft that cannot be returned;
(2) Wantonly squandering overdraft funds that cannot be returned;
(3) Escape, change contact information, and evade bank collection after overdraft
(4) Escape, Transferring funds, concealing property, and evading repayment;
(5) Using overdraft funds to carry out illegal and criminal activities;
(6) Other illegal possession of funds and refusing to return them Behavior.
A malicious overdraft involving an amount of more than 10,000 yuan but less than 100,000 yuan shall be deemed to be a "relatively large amount" as stipulated in Article 196 of the Criminal Law.