What to do if your credit card is overdue and you are sued

What should I do if my credit card is overdue and I am sued?

What should I do if my credit card is overdue and I am sued? Many people now have credit cards, and there are strong conditions for applying for an overdue credit card to suspend interest and charge debt. The repayment intention is overdue, but there is no ability to repay it all at once. After negotiation, repay the money in time according to the negotiation result. The following is what to do if the credit card is overdue and you are sued. What to do if the credit card is overdue and you are sued1

1. What should I do if my credit card is overdue and I am sued?

If you are sued for an overdue credit card, you should proactively contact the bank to see if the case can be mediated privately. If the bank agrees, it should draw lots and pay off the debt as soon as possible; if the cardholder is really in financial difficulty, he can communicate with the bank to negotiate an extension of repayment; usually the bank just hopes to recover the debt as soon as possible, and does not really want to Take the cardholder to court.

Therefore, it is generally possible for the cardholder to guarantee that he can repay the loan as agreed and take action. If the cardholder takes no action, it may be considered a malicious overdraft. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank.

2. What is the specific prosecution process for overdue credit cards?

(1) When a party files a lawsuit, it must first submit a letter of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the prosecution, and the tail must be signed or stamped with an official seal.

(2) According to the principle of "whoever asserts shall provide evidence", the plaintiff should submit the following materials to the court:

1. Materials on the qualifications of the plaintiff. Such as the originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units as plaintiffs should submit copies of business licenses, business registration certificates and other materials.

2. Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

(3) When the parties submit documentary evidence to the court, they should fill in a duplicate evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list. One copy will be handed over to the parties and the other will be filed.

(4) After the parties have completed the necessary procedures and submitted all relevant evidence materials, the filing court will handle the filing procedures within seven days for those who meet the conditions for filing the case; for those who do not meet the conditions for filing the case, the court will make a ruling in accordance with the law. Not accepted.

(5) The parties concerned shall prepay the case acceptance fee and other litigation expenses within seven days from the date of receipt of the acceptance notice. If there are indeed difficulties, they may apply to this court for a reduction or reduction within the prepayment period. If the written application for postponement or exemption of payment is not submitted within the time limit or the written application for postponement, reduction or exemption of payment is not approved and the application is still not submitted in advance, this court will rule as automatically withdrawing the case.

(6) After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the various work arrangements of the court and go to the finance office to settle the litigation expenses after the case is concluded. Any excess will be refunded and any less will be reimbursed. What to do if your credit card is overdue and you are sued 2

1. What to do if your credit card is not paid and you are sued People can handle it in the following ways:

1. Repay in time

If the cardholder has the ability to repay, it is best to repay in time. After the repayment, the bank will generally withdraw the lawsuit. . If you do not repay the debt, you will be ordered by the court to repay the debt, and you will also have to bear litigation costs.

2. Responding to a lawsuit

If the cardholder wants to respond to a lawsuit, he can write a statement of defense and submit it to the People's Court within the defense period to respond to the lawsuit, or he can entrust a lawyer to act as a litigation agent. People respond.

2. Identification of malicious overdraft credit cards

1. Two restrictions have been added to "malicious overdraft":

(1) First, the two conditions of the issuing bank

(2) Second, it has not been returned for more than three months.

(3) This excludes the behavior of not returning the payment on time because the bank did not receive a reminder notice or other reminder documents. The cardholder did not receive the relevant notice or document. Failure to repay within a certain period of time does not constitute a "malicious overdraft".

2. The crime of malicious overdraft credit card fraud is an intentional crime, so it has the subjective purpose of illegal possession, which is a very important component of the behavior. "Illegal possession" is a major distinction between "malicious overdraft" and "bona fide overdraft". Only overdrafts "for the purpose of illegal possession" are considered "malicious overdrafts" and constitute a crime.

This judicial interpretation of "illegal possession for the purpose" lists six situations based on judicial practice in recent years, such as failure to return a large amount of overdrafts knowing that they cannot be repaid; wanton squandering of overdrafts and failure to return them ; Concealing and changing communication methods after overdraft to evade payment collection by financial institutions, etc. These situations are all manifestations of "illegal possession for the purpose".

3. The amount of "malicious overdraft" is clarified. The amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late payment fees, compound interest and other fees charged by the card-issuing bank.

4. According to the criminal policy of balancing leniency with severity, those who repay the overdraft interest before the court has made a judgment or the public security organ has not filed a case will be treated lightly or not be held criminally responsible. In this way, those " The fraudulent behavior of "malicious overdraft" also plays the warning and educational role of the law, minimizing the criminal attack area as much as possible.

3. Once your credit card is overdue, the bank will take these actions against you

1. SMS collection: mainly aimed at the overdue repayment behavior of early cardholders, usually If it is 7-15 days overdue, short interest will mainly serve as a reminder.

2. Telephone collection: Mainly for overdue behavior that exceeds 30 days and has more than one bill, telephone reminders are made for repayment.

3. Door-to-door collection: Mainly for overdue payments of more than 90 days, the bank will arrange collection personnel to visit the cardholder's residence or work address to collect repayment.

4. Court prosecution: Mainly for cases that are overdue for more than six months, the bank will apply to the court and require the cardholder to sue for repayment.

5. Outsourced collection: Mainly for overdue funds of more than one year, the bank will package the overdue funds and give them at a discount to an outsourced collection company, which will be responsible for collecting overdue debts. What to do if you are sued for an overdue credit card 3

1. What to do if you are sued for an overdue credit card

If a party is sued for an overdue credit card, it is a civil debt dispute, and it is recommended that the party repay it as soon as possible The amount is in arrears so that the bank will not sue the person involved.

2. How to identify credit card fraud

1. Credit card fraud includes:

(1) Using forged credit cards and obtaining false identity documents Credit cards, expired credit cards, or fraudulently using other people’s credit cards to commit credit card fraud, with the amount exceeding 5,000 yuan.

(2) Malicious overdraft of more than 50,000 yuan. If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed as a "malicious overdraft."

Anyone who has one of the following circumstances shall be deemed as "illegal possession for the purpose":

① Overdrawing a large amount of money while knowing that he has no ability to repay and unable to return it;

② Spending money wantonly Overdrafted funds cannot be returned;

③Escape after overdraft, change contact information, and avoid bank collection;

④Escape or transfer funds, hide property, and evade repayment;

⑤Use overdraft funds to carry out illegal and criminal activities;

⑥Other illegal possession of funds and refusal to return them. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

2. The fraud that constitutes this crime must also be based on intention, and it must be direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property.

3. Common types of credit card fraud

1. Falsely claiming that you have won a grand prize through text messages or phone calls, and calling the credit card company under the pretext of needing to remit money. You ask for the card number and ask you to first pay 20% of income tax and transfer it to his designated account.

2. Pretend to be a police officer from the Public Security Economic Investigation Department, falsely claiming that your credit card has been stolen and the suspect has been arrested, and asking you to report your card number and -0 password to the "public security officers."

3. Fake websites are tempting to be fooled. Post an ad on it that the online bank is running a lottery. When you click to enter, you will be asked to enter your card and password.

4. Post "notices" to induce you to transfer money. Post a notice on the ATM machine such as "Bank system failure, please follow the following procedures, otherwise you will be responsible for the consequences." When you follow the prompts, the amount on the card will be transferred to the scammer.

5. Create the illusion that the credit card has been swallowed. First, they trick the ATM machine to prevent the card from being taken out, and then pretend to be a kind person to remind you to re-enter your password. When your operation fails and you go to the bank business office to inquire, the "good Samaritan" will take the card away.

6. Install a micro-camera and card reader on the ATM machine in advance. When you withdraw money from the ATM machine, secretly record your credit card information and password, and then clone your bank card to withdraw money.