The lawyer's letters you receive are usually fake. Nevertheless, you need to repay your credit card debt as soon as possible, and never bear legal responsibility for the overdue credit card.
When using a credit card, if the credit card is overdue, this problem will not only affect your personal credit information. In a bad situation. The phenomenon of overdue credit card may even lead to the suspicion of credit card, which will lead to the criminal responsibility of this person. If you can't repay in a short time, you need to take the initiative to find a bank to apply for negotiated repayment, and it is best to apply for deferred repayment.
The so-called lawyer letter is a fake lawyer letter.
You can try to understand that when the user's credit card is overdue, as long as the user's credit card is overdue for a short time or the amount of credit card overdue is not much, the lawyer's letter received by the user is generally untrue. You can understand this behavior as the collection behavior of users by the collection company outsourced by banks. They will exert psychological pressure on users in this way, and then force users to repay as soon as possible.
You should pay off all debts as soon as possible.
Because the overdue credit card itself is a very serious event, this behavior will seriously affect your personal credit information. If your overdue amount is too large, it may even involve a credit card. For you personally, pay off all the debts in one lump sum as soon as possible, and it is best not to affect your personal life because of the overdue credit card.
What is my personal suggestion?
Personally, I suggest that you do what you can when using credit cards. Once the credit card is about to expire, we need to report the loss to the bank in advance, and it is best to apply for installment repayment in advance. When our credit card can't be repaid in a short time, we also need to apply to the bank to stop payment, so I personally suggest that you further negotiate with the bank staff about repayment, and don't directly and maliciously overdue.
What if the letter from the credit card lawyer comes down?
Received a letter from a lawyer indicating that the bank has issued an ultimatum. In this case, the following measures should be taken:
1. You can contact the bank to confirm the solution first. The debtor can give the bank a repayment plan. If the bank accepts it, there is no problem as long as it is fulfilled in accordance with the regulations.
Although the lawyer's letter has not been received by the other party, it cannot be ignored. According to the regulations of the bank, the legal department of the bank will file a lawsuit according to the procedure. After a formal lawsuit is filed, a summons is usually received within two weeks. According to Article 66 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks, card-issuing banks should establish a credit card arrears collection management system, standardize credit card collection strategies, authorities, processes and methods, and effectively control business risks. The issuing bank shall not adopt a single assessment method based on the amount of arrears recovered for the collection personnel. Credit cards have a repayment period. If it is not repaid, there will be very serious consequences. According to Article 14 of China Bank Card Industry Self-discipline Convention, if the credit card repayment is delayed for less than 3 days, or the repayment amount difference is within 10 yuan, no penalty interest will be charged. Article 13 of China Bank Card Industry Self-discipline Convention also stipulates that banks should provide timely services for cardholders, remind them of repayment by SMS or email at least three days before the due repayment date, and provide a repayment period of at least three days. In other words, if the cardholder pays back the money within 3 days after the stipulated repayment date, the bank shall consider it as full repayment in the same period, and no penalty interest is allowed. Note: 3 days refers to natural days, not working days.
Overdue repayment of credit card refers to the situation that the final repayment period stipulated by the bank is exceeded and the consumption money is not deposited into the designated account in full and on time. After the deadline, the following consequences will occur:
1, there will be a late fee, which will increase the repayment amount.
2. The credit information system is polluted. If it can be understood by banks, we can consider asking banks to cancel bad credit records. If it cannot be revoked, the bad record will be kept for 5 years, which will affect the borrower's financing possibility in the future.
3. If there are false elements in the process of obtaining the loan, or if the loan is misappropriated or used illegally, it will bear criminal responsibility.
According to Article 196 of the Criminal Law, anyone who engages in credit card activities in any of the following circumstances, with a relatively large amount, 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
What should I do if the credit card receives the lawyer's letter late?
What should I do if my credit card receives a lawyer's letter late? Is it next to the bank? Next, let's talk about what to do if we receive a letter from a lawyer after the deadline.
Identifying the authenticity of a lawyer's letter is the first step.
First of all, we must know that the credit card is overdue for a long time, and the bank will entrust a third party to collect it. They will send a lawyer's letter to the debtor in the name of the law firm, telling the overdue debtor that they will do it without paying back the money.
So does receiving a lawyer's letter really mean being rejected? Don't panic, the lawyer's letter only plays the role of informing, and it doesn't mean that it has been stolen. Moreover, some lawyer's letters are collected by a third party in order to put pressure on the debtor to collect debts, so it is necessary to distinguish the authenticity at the first time after receiving the lawyer's letter. Generally, the lawyer's letter is paper, which will have the official seal of the law firm, the lawyer's name, contact number and so on. , and can be confirmed by phone. Generally, a real lawyer's letter will not be notified by email.
The lawyer's letter is just one of the means of formal collection. It has the function of notifying the debtor. Not necessarily, but not necessarily if necessary.
2. How to face the facts and collect lawyers' letters
Don't worry if you receive a fake lawyer's letter. Instead, you can complain about it. Even if we receive a real lawyer's letter, it may not be true. It can really prove that we were served with a subpoena or a short message notification of 12368. According to the case number, you can check the public information on the China judgment document online.
What if I receive a letter from a lawyer after the deadline? Distinguish authenticity in time. If it is true, we must deal with it in time. Be sure to find a way to pay off the arrears and contact the bank to negotiate repayment by installments. If the bank does not agree, you can consult a professional institution. If you choose not to solve it in time and the bank really goes through legal procedures, then we will usually receive a subpoena in about two weeks, so we should actively respond to the lawsuit.
Facing the rising consumption level and unstable income, we should plan our income scientifically and reasonably, pay attention to personal credit information, use credit cards rationally, and face the setbacks in life with a positive attitude. In daily life, we can beautify personal credit card bills with the help of POS machines and other tools to avoid overdue. However, everyone still needs to pay attention to the habit of using cards and do their own financial planning. After all, reasonable consumption is the life we want.
What should I do if my credit card receives a lawyer's letter late?
If the credit card receives a lawyer's letter within the time limit, it should be treated and handled positively. The main function of lawyer's letter is to remind and warn. For those who owe money, the creditor will send a lawyer's letter to demand payment. If you don't pay back the money, creditors may ask for it. At that time, the property may be enforced because of the final loss, and the debt will be paid off by discounting, selling and auctioning the relevant property. And may also be included in the list of untrustworthy people.
legal ground
Article 54 of the Provisions of the Public Security Organs on the Standards for Filing and Prosecuting Criminal Cases [Credit Card Cases (Article 196 of the Criminal Law)] If a credit card activity is suspected of one of the following circumstances, it shall be filed for prosecution:
(a) using a forged credit card, or using a forged identity card to defraud a credit card, or using an invalid credit card, or using another person's credit card for activities, the amount is more than 5,000 yuan;
(2) Malicious overdraft, the amount of which is more than 1 10,000 yuan.
The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank.
Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
What should I do if the credit card receives the lawyer's letter late?
After receiving the lawyer's letter, the bank credit card needs to repay the arrears in time. If the credit card is not repaid, the bank can ask for repayment. If a bank files a civil lawsuit, it shall decide whether to accept it within 7 days from the date of receiving the litigation materials.
If you owe 654.38+00000 yuan, and you still fail to pay it back for more than 3 months after being collected twice by the bank, it constitutes a credit card crime and you should bear criminal responsibility. After the public security organ files a case for investigation, it usually takes about four months for the procuratorate to initiate a public prosecution.
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 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after two reminders from the issuing bank for more than three months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.