It is illegal for the issuing bank to entrust a third party to collect credit card arrears; But from a practical point of view, at present, most domestic banks entrust a third party to make dunning. It has become a de facto "legal" act of safeguarding rights, but the premise is that the debtor must be notified.

According to the Interpretation of the Supreme People's Court the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (Fa Shi [2009]19):

Article 6 If the cardholder overdraws beyond the limited limit or time limit for the purpose of illegal possession, and fails to return it after two times of collection by the issuing bank for more than three months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.

After the credit card is overdue, the phone call or SMS collection fails, and the bank will outsource the collection business to a third party for home collection. However, the purpose of third-party door-to-door collection is to let cardholders repay. In the process of collection, violence, threats and other improper collection behaviors may be used, which has to make people question the legitimacy of this collection.

1. It is illegal to collect the relatives of cardholders. According to the Measures for the Supervision and Administration of Credit Cards of Commercial Banks, only debtors and their guarantors can be collected, and no third party unrelated to debts can be collected.

2. The collection enters the cardholder's house without permission, scaring middle-aged and elderly people and minors. , causing a commotion.

3. The debtor is beaten or intentionally injured in door-to-door collection, or illegal detention, kidnapping, painting, extortion and other methods are used in debt collection.