1. After the credit card is overdue, the bank will first collect the overdue users for 3-6 months;
2. If the cardholder still fails to repay after the dunning, there will be two situations: first, the date of bad debt prosecution is to be determined, and second, the prosecution materials are to be submitted;
The court will investigate the truth after receiving the litigation request from the bank. If the court can determine the cardholder's long-term arrears after investigation, the court will ask the bank for the cardholder's personal information;
4. Banks need to prepare litigation materials and submit them to the court;
5. After receiving the litigation materials from the bank, the court will generally examine and approve them within 7 days. If it is accepted after approval by the court, it will issue a summons and litigation materials to overdue users;
6. After receiving the summons, the cardholder may apply for out-of-court mediation with the bank to negotiate repayment. If the negotiation fails, the case will be tried, made public and decided.
7. After the civil judgment, if the overdue user fails to repay the loan within the time limit stipulated in the judgment, the bank has the right to apply for compulsory execution;
8. When the court accepts enforcement, it will inquire about the real estate, automobile products, securities and deposits under its name according to law;
9. Those who refuse to carry out the effective judgment of the court will be restricted from flying, high-speed rail, high consumption and entry and exit, and may even be detained in judicial custody for 7- 15 days.
Legal basis: Article 69 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks.
The credit card collection letter shall fully disclose the following basic information to the cardholder: the cardholder's name and balance in arrears, the reasons for collection and relevant laws and regulations, the cardholder's relevant rights and obligations, the way to inquire about the account status, repayment, the way to raise objections and provide relevant evidence, the contact information of the issuing bank, the official seal of relevant business, and other contents stipulated by the regulatory authorities.
After receiving the cardholder's objection to the credit card collection, the issuing bank shall promptly put forward opinions on the relevant credit card accounts and verify them.
Article 70
Under special circumstances, if it is confirmed that the amount owed by the credit card exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the issuing bank can negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years.
The contents of personalized installment repayment agreement shall at least include:
(a) the balance, structure and currency of the arrears;
(2) the repayment period, method, currency, date and repayment amount of each installment;
(three) whether to charge annual fees, interest and other fees during the repayment period;
(4) The cardholder shall not apply for a credit card from any bank before all the funds related to the personalized installment repayment agreement are settled;
(five) the rights and obligations of both parties and the liability for breach of contract;
(6) Other matters related to repayment.
If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing service institution shall stop the collection of the cardholder, except that the cardholder fails to perform the installment repayment agreement. If an oral repayment agreement is reached, the issuing bank must keep the recorded data. Records shall be kept at least until the date of settlement of arrears.