Current location - Trademark Inquiry Complete Network - Overdue credit card - Credit card overdue receipt of legal notice
Credit card overdue receipt of legal notice
if a credit card receives the notice after the deadline, it should actively deal with it, and it can be handled through negotiation with the bank. If negotiation fails, the parties concerned should be prepared to go to court, and if necessary, they can entrust a lawyer to handle it.

1. first confirm the authenticity of the notification.

2. If the arrears are true, you must repay them in time. Generally, if a credit card is overdue for more than three months, it will receive a lawyer's letter, and the lawyer's letter from the bank indicates that the bank may sue, and if it has the ability to repay, try to repay it.

(1) If you are temporarily unable to repay, you can contact and negotiate with the bank in arrears.

(2) If a bank brings a civil lawsuit to the court, the court should decide whether to accept it within 7 days from the date of receiving the litigation materials, and it is best to find a professional lawyer to prepare for responding.

what should I do if I can't pay my credit card?

1. Before the final repayment period comes, the cardholder should take the initiative to call the credit card center of the bank, state his financial situation, declare that he is not maliciously in arrears, and apply for delayed repayment and interest concessions.

2. In view of the cardholder's active performance and previous good credit record, the bank will often agree to postpone the repayment, and negotiate with the cardholder a mutually acceptable repayment plan, delay period, interest discount, monthly repayment amount, etc. In this way, if you contact the bank actively and the bank agrees to postpone the repayment, you will not be recorded as a bad record, but it should be noted that you will be guaranteed to repay the loan as agreed in the future.

3. Usually, I forget to repay the loan. If I find that it is overdue, I will repay it in full as soon as possible. Then call the bank's credit card center to declare that it is not malicious. If it has been recorded well in the past and the overdue time is short, it may not be recorded as a bad record if it is found that the repayment is good after the overdue.

4. Credit card repayment information will be recorded by the central bank's credit information system for 24 months, that is, the bad credit records generated by overdue credit card repayment will be kept in the credit information system for two years. After the overdue repayment of the credit card occurs, do not cancel the credit card immediately after paying off the arrears. You should insist on using the card for more than two years and maintain a good credit during the period.

If you can't pay back your credit card, you need to take the initiative to communicate with the bank and explain the reasons for overdue. Credit cards can be cancelled directly at the bank's business outlets. Cardholders should bring their ID cards, credit cards that need to be cancelled, go to the bank's business hall to explain the situation to the staff, fill out the card cancellation application form, and go through the card cancellation procedures after one month.

Legal basis

Article 196 of the Criminal Law of the People's Republic of China

Credit card fraud is committed under any of the following circumstances. If the amount of credit card fraud is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

Theft Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.