Legal analysis:
Our country’s law does not clearly stipulate the specific time for prosecution after receiving a collection letter, but generally speaking, if the credit card is overdue for more than 10,000 yuan and is overdue, If the time exceeds six months, you may face prosecution by the bank. If the lender still does not handle the demand after receiving the demand letter, after a certain period of time, the bank will sue the lender in court and require the lender to repay the debt and assume liability for breach of contract. According to Article 119 of the "Civil Procedure Law of the People's Republic of China", a lawsuit must meet the following conditions:
(1) The plaintiff is a citizen or legal person who has a direct interest in the case and other organizations;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) Belonging to The scope of civil litigation accepted by the people's court and the jurisdiction of the people's court subject to the lawsuit.
Legal basis:
Article 119 of the "Civil Procedure Law of the People's Republic of China" must meet the following conditions:
( 1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific litigation claims and facts , reason;
(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.
Derived questions:
Can the collection letter be refused to be signed?
The collection letter can be refused to be signed. The reminder letter is not a legal document and is not mandatory. It does not matter if you refuse to sign for it. The email history of sending the reminder letter can be used as evidence. You can file a civil lawsuit in accordance with the law and submit the record of the reminder letter as evidence. Issuing a reminder letter is an act of self-reliance and has no legally enforceable effect. Therefore, the other party does not have to sign for it or implement it. The parties concerned can collect relevant evidence and file a lawsuit in court in a timely manner to protect their own rights and interests. During the process of issuing the letter, the parties can preserve evidence as evidence for the parties to assert their rights and extend the statute of limitations. If the borrower is temporarily unable to repay the debt after receiving the bank's demand letter, he can negotiate with the bank to extend the payment or repay the debt in installments. If the borrower does not handle the matter, he may be sued by the bank.