Can't say it's fake. This person should be a third party to help the bank dunning, but 40 thousand is overdue for three months, which is already a lot of money. According to Article 196 of the Criminal Law, if it is overdue for more than 3 months, it belongs to the crime of credit card fraud, so you should make plans early. Even if this call is only for debt collection, it is only a matter of time before the bank sues.

The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession.

law

Relevant provisions of the Criminal Law of People's Republic of China (PRC)

Article 196 Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, 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 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 50,000 yuan but not more than 500,000 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (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 term "malicious overdraft" as 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Relevant judicial interpretation

Interpretation of the Supreme People's Court and 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 7 (Paragraph 3) If a cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.

Malicious overdraft 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. The cardholder who maliciously overdraws belongs to the status crime and should refer to the legal cardholder. The person who fraudulently obtains a credit card with a false identity certificate is not a cardholder, because the act of fraudulently obtaining a credit card with a false identity certificate has been defined as an independent type of behavior in Article 196 of the Criminal Law, so it is not appropriate to classify such subjects as cardholders and then identify them as malicious overdrafts.