Therefore, at present, the scale of credit card bad debts of major banks is relatively large, and the credit card bad debt rate of many banks has reached more than 2%.
What will the bank do with these overdue credit cards? This depends on the overdue time and amount, and the measures taken by banks are different according to different situations.
1. The credit card has expired for three months.
For banks, the credit card overdue within three months is not too serious as a whole. At this stage, banks usually collect money mainly through internal collection teams or entrust third-party collection teams.
However, at this stage, banks mainly communicate through telephone messages. The main purpose of the bank is to convince everyone that they can take the initiative to repay the loan and avoid the penalty interest and personal credit information being affected.
At this stage, no matter how much or how little the overdue amount is, banks will basically not take excessive collection measures, which is relatively mild.
2. The credit card is overdue for three to six months.
If the user's credit card bill is overdue for more than three months, this is a serious situation for the bank, and its potential bad debt risk is very large, so the collection means adopted by the bank will be further upgraded.
At this stage, bank credit card collection will basically be entrusted to some local third-party collection agencies. In order to make users pay back the money, these third-party collection agencies may use various means, such as telephone SMS collection and door-to-door collection. If the debtor doesn't answer the phone, they can also call the contact person who applied for a credit card at that time directly, hoping that they can convey the information.
In addition, at this stage, some third-party organizations are not very formal, and may send some fake lawyer's letters or court subpoenas to scare debtors, make them feel pressure, and then take the initiative to repay.
3. The credit card is overdue for 6 months to 12 months.
Credit card overdue for more than 6 months, basically has formed bad debts to the bank. When the user's credit card debt reaches this stage, the probability that the bank will get back the money through conventional collection means is getting smaller and smaller, and the bank will sue the user through prosecution. Of course, it depends on the amount owed by the user.
(1) sue the user.
If the user owes a large amount, for example, the amount owed exceeds 6,543,800 yuan, it is indeed possible for the bank to sue everyone.
After the bank sues the court, the user should actively respond to the lawsuit, because even if the user is not present, the court can make a default judgment, which is unfavorable to the credit card arrears users.
After the court makes a judgment, it is of course best if the user can execute it according to the court's judgment. If the user refuses to execute the court's judgment, on the one hand, the court can include the debtor in the list of people who have lost their trust. At that time, many activities of everyone will be affected, such as not taking the high-speed rail, not flying, not spending money, not buying a house, not buying a car and so on.
On the other hand, banks can ask the court to take compulsory measures against the assets of users in arrears, such as freezing the borrower's bank card account and sealing up some assets such as the debtor's real estate and automobile products.
By seizing these assets, the court can auction these assets to repay the bank's credit card arrears.
Of course, if there are no assets and no sources of income under the user name, then the court can't help it. In this context, if the debtor is still willing to repay, the court will generally mediate and ask the bank to stop paying.
The so-called stop-interest account simply means that the bank stops charging interest, and then installments the user's previous arrears according to a certain period of time, and then repays them every month, but usually the longest installment period cannot exceed 5 years.
(2) Give up prosecution
Not all users who have been in arrears for more than 6 months will take everyone to court, because there are costs for banks to take them to court, including lawyer's fees, legal fees and labor costs of banks.
Therefore, under normal circumstances, if the amount owed by everyone is relatively small, for example, the amount owed is less than 1000 yuan, the bank will generally not take everyone to court. At this time, the bank may package this bad debt and sell it to some asset management companies for subsequent collection.
3. The credit card is overdue for more than 12 months.
If the bank can't repay the user's debts through various means and efforts, if the bad debts are overdue for more than 12 months, the bank may write off the bad debts as bad debts, and then write off some profits from the profits of the year.
However, the cancellation of this bad debt by the bank does not mean that the user does not have to pay back the money. Users' arrears records will still be kept in the banking system, and banks may continue to collect users for a long time.
Moreover, if the user does not pay the arrears, then everyone's bad credit will stay and basically become a blacklist. Whether applying for mortgage, car loan or other loans, it is basically impossible to get through, which has a great impact on users.
4. Special circumstances.
The special case mentioned here is that the user's credit card arrears may constitute a malicious overdraft and bear the crime of credit card fraud.
The so-called malicious overdraft is simply the behavior of credit card users who overdraw beyond the prescribed limit or time limit for the purpose of illegal possession and fail to pay it back for more than three months after being collected twice by the issuing bank.
If people don't cooperate with the bank's collection work after the credit card is overdue, the bank's telephone collection will not be answered, the staff will come to the door and take malicious transfer, hiding, selling personal assets at low prices and other means to avoid bank debts, which may constitute illegal possession. In this case, if you don't pay back the money for more than three months in a row, it will constitute a malicious overdraft of the credit card.
When the malicious overdraft limit of a credit card reaches more than 50,000 yuan, it constitutes a crime of credit card fraud and a criminal offence. According to the provisions of article 196 of the current criminal law:
Whoever commits credit card fraud 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 and fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 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.
Therefore, after credit card arrears, we must take scientific measures to deal with them. As long as you actively cooperate with the bank to carry out various collection work and give a little money every month within your ability, whether it is a few dollars or dozens of dollars, then at least it will not constitute the crime of credit card fraud.
As long as everyone does not commit the crime of credit card fraud, personal credit information will be affected after the bank owes credit card money at most. In addition, the arrears will face a penalty interest, and this penalty interest will be calculated. Therefore, after you owe money on your credit card, I suggest that you have the ability to pay it back as soon as possible to avoid some unnecessary troubles.