1. What should I do if my credit card is sued for overdue?
If the credit card is sued for overdue, you should take the initia
1. What should I do if my credit card is sued for overdue?
If the credit card is sued for overdue, you should take the initiative to contact the bank to see if you can mediate privately. If the bank agrees, it should draw lots as soon as possible to pay off the arrears; If the cardholder is really in financial difficulties, he can communicate with the bank to postpone repayment; Usually, banks just want to recover the arrears as soon as possible, and they don't really want to take the cardholders to court. Therefore, it is generally possible for cardholders to ensure that they can repay as agreed before taking action. If the cardholder does not take any action, it may be considered as a malicious overdraft.
Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
2. What is the specific prosecution process for overdue credit cards?
(a), the parties to the lawsuit, should first submit a complaint, and according to the number of the other party to submit the corresponding number of copies. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
(2) According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials when suing the court:
1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
(3) When submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, detailing the names and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
(four), the filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
(five) the parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay in advance within the time limit or the written application for deferral, deferral or exemption is not approved, our hospital will rule that the lawsuit will be withdrawn automatically.
(VI) After filing the case, the court will arrange the trial of the case, and the parties shall obey the work arrangement of the court, and settle the litigation expenses in the financial office after closing the case, so as to make more refunds and less supplements.
If the credit card is not repaid, it shall be repaid in time in accordance with the agreement of the credit card reference contract of both parties. Moreover, the overdue payment of credit card principal is not only the problem of the principal owed, but also the problem of interest, liquidated damages and penalty interest. So the consequences are very serious, and it is also bad for credit card users.