Credit card debt litigation follows the following process:
1. Bring relevant information to the court with jurisdiction to file a lawsuit;
2. Go to the filing hall of the court Go to the civil case filing window to file the case and issue a voucher for payment of litigation fees;
3. Go to the window designated by the court or the bank to pay the litigation fees, and hand the receipt to the civil case filing window, and the case filing work is completed;
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4. Wait for the trial court judge to notify you of the court session time. After the court session, the judge will make a ruling in accordance with the law. At this time, the proceedings are completed.
The legal consequences of overdue credit card repayment:
1. High overdue interest will be incurred;
2. The bank will sue the court and a lawsuit will occur. Economic losses such as fees and lawyer fees;
3. Individuals will have a bad credit record, which will have an impact on future bank cards, loans, etc.;
4. If the amount of debt owed If the amount exceeds 10,000 yuan, it constitutes a crime of credit card fraud and will be investigated for criminal liability.
How long you will be jailed if you are unable to repay your credit card debt depends on the amount:
1. Overdrafts ranging from 10,000 to 100,000 are relatively large and will result in a prison sentence of less than five years;
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2. An overdraft of 100,000 to 1 million is considered a huge amount and will be sentenced to a fixed-term imprisonment of not less than five years but not more than 10 years;
3. An overdraft of more than 1 million is a particularly huge amount and will be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years; More than ten years.
How to negotiate the repayment of credit card debt with the bank
The cardholder will be aware that the credit card will be repaid before it is overdue. It is best to communicate with the bank in advance to find a suitable one. For repayment methods, banks will usually provide you with feasible plans.
If you want to negotiate for repayment after a period of overdue debt, you should first call the bank hotline and express your attitude and willingness to repay to the staff. During the communication with the bank, he took the initiative to explain that his financial situation was difficult and he had no ability to repay. As long as relevant proof is provided and previous credit card payments have been made on time and there is no bad record. The bank will usually agree to negotiate, and as long as the cardholder repays the money as agreed and doesn't have any more overdue payments, there will be no problem.
Legal basis:
Article 120 of the "Civil Procedure Law of the People's Republic of China" The adoption of compulsory measures to obstruct civil proceedings must be decided by the People's Court. Any unit or individual who illegally detains others or illegally and privately seizes others' property to pursue debts shall be held criminally responsible in accordance with the law, or be detained or fined.
Article 196 of the "Criminal Law of the People's Republic of China": Anyone who commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is extremely huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:
(1) Use Forged credit cards, or using credit cards fraudulently obtained with false identification;
(2) Using invalid credit cards;
(3) Pretending to use other people’s credit cards;
(4) Malicious overdraft.