banks usually remind credit cards that they are overdue by SMS or other means. If they don't repay on time, they may be sued by banks after three months' overdue. Therefore, it is suggested to contact the banks as soon as possible to reach a repayment agreement, and at the same time, actively respond to the lawsuit in court to avoid adverse consequences. Because according to the law, if the credit card debt reaches more than 5, yuan, and it has not been returned for more than three months after twice collection by the bank, it may constitute the crime of credit card fraud.
In general, the bank will give a telephone notice first, and then call for payment and prosecution six months after the notice, and finally wait for the summons to come to court.
1. For the first notification, you need to be able to accurately state your name, card number, what card you apply for, as well as your ID information and ID number. What's your card number, ID number, the amount you owe, how much you need to pay back and the date of the final repayment period.
2. Call again, normally around the sixth month, make a reminder and prepare a notice of prosecution.
3. If it has not been returned by the due date, it should be followed by a court summons, which will usually be sent to the home or the institution where it is located. You need to sign for this yourself.
4. Finally, the court opened.
if the credit card is overdue for more than 3 months, there will be a notice. Generally speaking, the bank will give a collection. If it is not only contacted or called in the short term, there will be a corresponding collection result. Secondly, the bank will notify you if it is overdue for more than 3 months, so if you need to communicate with the bank strictly and explain your situation, if the amount of arrears reaches more than 5 thousand yuan, the bank will agree to the cardholder to recover the arrears.
Legal basis:
Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management
Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. For the purpose of illegal possession, we should make a judgment based on the credit history of the cardholder, repayment ability and willingness, the status of applying for and overdrawing credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. The purpose of illegal possession shall not be determined solely on the basis of the fact that the cardholder fails to repay the loan according to the regulations.
under any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law, except that there is evidence to prove that the cardholder really does not have the purpose of illegal possession:
(1) knowing that he is unable to repay, he overdraws a lot and cannot return it;
(2) after applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned;
(3) evading bank collection by means of hiding or changing contact information after overdraft;
(4) Evading or transferring funds, concealing property and evading repayment;
(5) using overdrawn funds for criminal activities;
(6) other cases of illegal possession of funds and refusal to return them.