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What to do if your credit card is sued?

React calmly and take appropriate measures to solve the problem.

1. Understand the reason for prosecution

First of all, the cardholder needs to understand the specific reason for being sued. This can be known by reviewing the complaint and relevant evidentiary materials served by the court. Understanding the reason for prosecution can help cardholders understand the nature and severity of the problem and formulate targeted response strategies.

2. Verify the amount of debt owed

Cardholders should verify whether the amount of debt being sued is accurate. Sometimes, due to the accumulation of interest, late fees and other fees, the amount owed may be significantly different from the actual consumption amount. Cardholders can confirm the accuracy of the amount owed by checking credit card statements and communicating with the bank.

3. Seek legal help

Faced with credit card prosecution, cardholders may consider seeking help from professional lawyers. Lawyers can provide cardholders with professional legal advice, guide them on how to respond to prosecution, and represent cardholders in court when necessary.

4. Negotiate a repayment plan with the bank

If the cardholder does have a debt problem, he can proactively communicate with the bank and seek the possibility of negotiating a repayment plan. Banks usually develop personalized repayment plans based on the cardholder's repayment ability and credit history to reduce the cardholder's repayment pressure.

5. Fulfill the court judgment

If the cardholder fails to reach a settlement with the bank, or the court ultimately decides that the cardholder loses the lawsuit, the cardholder needs to perform repayment in accordance with the court's judgment. obligation. Otherwise, you may face more serious legal consequences, such as enforcement, consumption restrictions, etc.

In summary:

After a credit card is sued, the cardholder should first understand the reason for the lawsuit, verify the amount owed, and seek the help of a professional lawyer. At the same time, negotiating a repayment plan with the bank is an effective way to solve the problem of arrears. If the case is eventually lost, the cardholder needs to fulfill the court decision to avoid facing more serious legal consequences.

Legal basis:

"Contract Law of the People's Republic of China"

Article 107 provides:

If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

"Civil Procedure Law of the People's Republic of China"

Article 119 stipulates:

A prosecution must meet the following conditions:

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(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 is Specific litigation claims, facts and reasons;

(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.

"Measures for the Administration of Bank Card Business of the People's Republic of China"

Article 54 stipulates:

Cardholder's obligations:

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(1) The applicant shall provide true information to the card-issuing bank and provide it with a qualified guarantee in accordance with the card-issuing bank's regulations.

(2) Cardholders shall abide by the articles of association of the card-issuing bank and the relevant provisions of the "Acquisition Contract".

(3) If the cardholder or guarantor’s correspondence address, occupation, etc. changes, the card-issuing bank shall be notified in writing in a timely manner.

(4) Cardholders shall not refuse to pay the amount owed to the card-issuing bank on the grounds of disputes with merchants.