Buy, buy, use, use, use, use, use, use, use, use, use, use, and feel no heartache every time when it comes to swiping the card. Every time the repayment day comes, I will be cash-strapped and unable to do anything, and then I will regret my careless consumption.

This has become the norm in daily life consumption. Do you feel the same way?

What’s more, I was sued for an overdue credit card, but I didn’t know what to do.

Possibility of prosecution: If your credit card is overdue, it is generally more than three months before you are likely to be sued by the bank.

Relevant regulations clearly stipulate that when a credit card holder cannot repay the minimum repayment amount for three consecutive months, the credit card issuing bank has the right to file a lawsuit in court.

What should I do if my credit card is overdue and I am sued? Don’t panic, do this

1. Be clear about the nature of the prosecution

If you know that you are being sued by the bank, first find out whether the bank initiated criminal proceedings.

Article 196 of the "Criminal Law" clearly stipulates: Malicious overdraft of more than 5,000 yuan on a credit card constitutes the crime of credit card fraud and may be sentenced to up to three years in prison.

Malicious overdraft between 50,000 yuan and 200,000 yuan is considered a huge amount and may be sentenced to 5 to 10 years in prison.

If the amount exceeds 200,000 yuan, the amount is extremely large, and the prison term is more than 10 years.

Malicious overdraft refers to the cardholder’s overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the card for more than 3 months after two calls for collection.

Whether it is a malicious overdraft is the subjective consciousness of the cardholder. The bank will also determine whether it is a malicious overdraft based on your consumption, number of overdrafts, and amount.

Under normal circumstances, banks sue cardholders as general civil disputes.

2. Repayment coordination

For general civil disputes rather than criminal proceedings, if conditions permit, all measures will be initiated to repay the entire amount, principal, overdue fees, late fees and corresponding The interest is paid off together.

The bank is suing just to get him to repay the money. If he pays it back obediently, everything will be fine.

If conditions do not allow it, it is recommended to negotiate with the bank, tell the bank that you have no ability to repay and your situation, and apply for installments or the minimum repayment amount.

Inform the bank of your repayment plan and take action.

As long as the bank sees your sincerity and negotiates a settlement with the bank, it is possible to withdraw the lawsuit or reduce or reduce the overdue interest.

What the bank wants is repayment, which is a real problem.

3. Actively respond to the lawsuit

When there is no money to repay and negotiation with the bank fails, actively responding to the lawsuit is the best option.

Don’t be too nervous about general civil disputes. Cooperate actively and wait for the court’s judgment.

The worst choice is to "lose contact" because even if you do not appear in court, the court can try you in absentia.

If it is determined to be criminally responsible, the next thing you will face is the wanted order from the public security department.

4. Show integrity

This involves a situation of malicious overdraft. Malicious overdraft is a very dishonest behavior.

The most important thing for an overdue credit card is to prove that it is not a malicious overdraft. Once it is determined to be a malicious overdraft, a criminal lawsuit will be raised.

If the fact itself is malicious overdraft, that is a different matter.

Throughout the entire process, you must show that you are a person of integrity, respond proactively, and actively cooperate. Avoid aggressive behavior.

A simple civil dispute will not break the law or go to jail.

Even though your credit card is good, don’t spend too much, which may lead to overdue payments or even prosecution. Acting impulsively will affect your credibility and identity of those around you.