overdue credit card collection process
the first stage: SMS collection
when your credit card has just expired, the bank usually sends a text message to remind you to repay it as soon as possible.
the second stage: telephone collection
when your credit card is overdue for about one month, the bank will make a telephone collection and arrange a customer service staff to call to urge you to repay.
third stage: letter collection
if the credit card is overdue, the bank will send a letter to collect it. Generally, if it is overdue for one or two months, the bank will send a lawyer's letter to warn you to repay it as soon as possible.
the fourth stage: collection by a third-party company
when the credit card is overdue for more than 9 days, the bank will arrange a third-party collection company to urge you to repay, and the collection staff of the third-party collection company often have a bad attitude, and there is the possibility of home collection.
the fifth stage: suing the court
when the credit card is overdue for more than three months, the bank can sue. If the bank fails to collect it many times, or if the cardholder loses contact, the bank will bring a lawsuit to the court and ask you to repay it through legal channels.
how to deal with overdue credit card collection
1. When you receive a collection call, don't panic or be afraid, and keep a good attitude. If you always refuse to answer the collection phone or make verbal attacks on the collection staff, it is easy to be characterized as malicious default, and then it will be very bad.
2. Be sure to actively explain your difficulties and show the other party that you are willing to repay, which will greatly reduce the risk of being sued. Don't be angered by the collection in a few words, saying, "What can I do if I don't pay back?"
3. Don't threaten to call my parents or visit me if I don't pay back, but promise to pay back in a few days, which will only increase the frequency of collection.
4. Tell him that he is recording the violation of collection threats, and if he gets sued, it can be used as evidence of communication.
According to Article 196 of the Criminal Law of the People's Republic of China
, whoever commits credit card fraud in 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 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 term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still 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.