If the credit card holder fails to repay the debt overdue and is sued by the people's court, the cardholder can handle it in the following ways:

1. Repay the loan in a timely manner

If If the cardholder has the ability to repay, it is best to repay in time. After the repayment, the bank will usually withdraw the lawsuit. If you do not repay the debt, you will be ordered by the court to repay the debt, and you will also have to bear litigation costs.

2. Responding to a lawsuit

If the cardholder wants to respond to a lawsuit, he can write a statement of defense and submit it to the People's Court within the defense period to respond to the lawsuit, or he can entrust a lawyer to act as a litigation agent. People respond.

2. What is the identification of malicious overdraft on a credit card?

1. Two restrictions have been added to "malicious overdraft":

(1) Firstly, Two collections from the issuing bank;

(2) Second, the card was not returned for more than three months.

(3) This excludes the failure to return the payment on time because the bank has not received a reminder notice or other reminder documents. The cardholder has not received the relevant notice or document. Failure to repay within a certain period of time does not constitute a "malicious overdraft".

2. The crime of malicious overdraft credit card fraud is an intentional crime, so it subjectively has the purpose of illegal possession, which is a very important component of the behavior. "Illegal possession" is a major distinction between "malicious overdraft" and "bona fide overdraft". Only overdrafts "for the purpose of illegal possession" are considered "malicious overdrafts" and constitute a crime.

This judicial interpretation of "illegal possession for the purpose" lists six situations based on judicial practice in recent years, such as failure to return a large amount of overdrafts knowing that they cannot be repaid; wanton squandering of overdrafts and failure to return them. ; Concealing and changing communication methods after overdraft to evade payment collection by financial institutions, etc. These situations are all manifestations of "illegal possession for the purpose".

3. The amount of "malicious overdraft" is clarified. The amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late payment fees, compound interest and other fees charged by the card-issuing bank.

4. According to the criminal policy of balancing leniency with severity, those who repay the overdraft interest before the court has made a judgment or the public security organ has not filed a case will be treated lightly or not be held criminally responsible. In this way, those " The fraudulent behavior of "malicious overdraft" also plays the warning and educational role of the law, minimizing the criminal attack area as much as possible.

In real life, if you have financial difficulties, you can open and use a credit card, because the credit card has an overdraft function, which can temporarily alleviate your financial difficulties, but this is not a long-term solution, and the credit card will also be returned. One day, if you still fail to repay the loan by the repayment deadline, you will face various collections, and may even cause you to be included in the blacklist of dishonesty.

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