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How to enforce the overdue credit card by the court (the enforcement process of the overdue credit card court)

1. How to enforce the overdue credit card by the court

1. To apply for a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, the parties concerned must perform it. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the executor for execution.

if one party fails to perform the award of an arbitration institution established according to law, the other party may apply to the people's court with jurisdiction for enforcement. The people's court to which the application is made shall execute it.

if one party fails to perform the creditor's rights documents that are legally enforceable by the notary office, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court that has applied for enforcement shall do so. If the notarized creditor's rights document is indeed wrong, the people's court shall rule that it shall not be executed, and serve the ruling on both parties and the notary office.

2. The court accepts

If the parties or interested parties think that the enforcement act violates the law, they may file a written objection to the people's court responsible for enforcement. If a party or an interested party raises a written objection, the people's court shall review it within 15 days from the date of receiving the written objection, and if the reason is established, it shall make a ruling to cancel or correct it; If the reason is untenable, the ruling shall be rejected.

3. Application for reconsideration

If a party or interested party refuses to accept the ruling, it may apply to the people's court at the next higher level for reconsideration within the day when the ruling is served. If the people's court fails to execute the application for execution for more than six months from the date of receiving the application for execution, the application executor may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the original people's court to execute it within a certain period of time, or it may decide to execute it by itself or instruct other people's courts to execute it.

in the process of execution, if the outsider raises a written objection to the execution target, the people's court shall examine it from the date of receiving the written objection, and if the reason is established, order to suspend the execution of the target; If the reason is untenable, the ruling shall be rejected. If an outsider or a party refuses to accept the ruling and thinks that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure of trial supervision; If it has nothing to do with the original judgment or ruling, it may bring a lawsuit to the people's court within 15 days from the date when the ruling is served.

4. Issue an execution notice to the person subjected to execution

Upon receiving the application for execution or handing over the execution, the executor shall issue an execution notice to the person subjected to execution, ordering him to perform it within a specified period, and if he fails to perform it within the time limit, it shall be enforced. If the person subjected to execution fails to perform the obligations specified in the legal documents and may conceal or transfer the property, the executor may immediately take enforcement measures.

2. How to deal with overdue credit cards

1. If your credit card is overdue, it is not intentional, so there is no need to panic. First of all, most banks have a repayment period, as long as the overdue bills are returned in a proper time. Don't worry if you have exceeded the grace repayment period. You can call the bank, tell it, explain to the bank that you didn't intentionally overdue, show your sincere attitude, and then pay off the bill in full after obtaining the bank's consent.

2. After the credit card is overdue, we should pay attention to the following three points:

(1) First, pay back the arrears in full

The longer it is overdue, the more penalty interest will be generated, and if it exceeds three months, it will also bear legal responsibility.

(2) Second, the bank must answer the phone.

If you don't answer the phone, the bank will think that it is overdue on purpose, and maybe it will run away, which will be regarded as malicious overdraft.

(3) Third, continue to use the credit card and repay the loan on time

If there are overdue records on the personal credit report, it should be kept for five years. During this period, you need a health card to wash the stain white. Good card use behavior will slowly cover up your overdue records.

when applying for enforcement, the parties concerned are companies or other organizations, and they must apply for enforcement within six months after the legal documents come into effect. If both parties are citizens or one party is a citizen, they must apply for enforcement within one year after the legal documents come into effect. The defendant may face problems such as leaving a bad record.