Current location - Trademark Inquiry Complete Network - Overdue credit card - How to defend an overdue credit card in court?
How to defend an overdue credit card in court?

The defense statement needs to contain basic information, such as the respondent, responses to the plaintiff’s issues, etc. Try to negotiate installments and prepare a good defense. If it is indeed a malicious overdraft for the purpose of illegal possession, reaching the amount of fraud, and still not repaying after collection, it may be suspected of credit card fraud and may be sentenced to a fixed-term imprisonment of not less than five years but not more than ten years.

1. How to write a defense statement for being sued for an overdue credit card? Write down your basic personal information and provide a defense to the problem. 1. Respondent: name, gender, date of birth, ethnicity, education level, work unit, occupation, and address. (If the respondent is a unit, the name of the unit, the name and position of the legal representative, and the address of the unit should be stated.) The second respondent: name, gender, date of birth, ethnicity, education level, work unit, occupation, and address. (If the respondent is a unit, the name of the unit, the name and position of the legal representative, and the address of the unit should be stated.) Respondent's cause (state the cause of the case, that is, the nature of the dispute) case, 2. The defense is as follows: Request matters: ( State the purpose of the defense. Request the court to rule in accordance with the law that the plaintiff is reasonable and legal. The litigation costs shall be borne by the plaintiff. 3. Facts and reasons: (State the factual and legal basis for the defense. You should provide a defense to the questions raised by the plaintiff and refute the plaintiff. The facts, laws and claims made are based on and the reasons why they are untenable are stated. Sincerely, People's Court, Respondent: (Signature or seal) Year, month, day Attached: A copy of this defense (copy determined based on the number of respondents) number). Copy of evidence (note: it can be submitted within fifteen days of receiving the notice or after the trial defense).

2. How long does it take for the court to start after the prosecution is filed? It depends on the situation, and the court usually starts within one month. 1. Let’s talk about it in three situations. The first type is criminal cases. After the court receives the criminal case from the People's Procuratorate and transfers it to the court, the summary procedure generally has to be heard within one month. Ordinary procedure. There will be a court hearing in more than a month. 2. The second situation is a civil case. After the civil case is accepted and filed by the court, it will generally be divided into simplified procedures and ordinary procedures. The summary procedure usually requires a court hearing within one month. If it is a case with ordinary procedures, if it is not announced, the court will usually be held within two months. If it is necessary to issue a public notice and serve a summons for a copy of the indictment, it usually takes more than three months, and a court hearing takes between four months. The third situation is an administrative case. After the court receives an indictment in an administrative litigation case, it usually has to open a hearing within more than a month.

3. What are the standards for prosecution fees? Each divorce case charges 100 to 50 yuan. The specific standards are as follows: 1. Non-property cases refer to cases arising from personal relationships and personal non-property relationships. Litigation cases arising from disputes. Property case acceptance fees are levied on a case-by-case basis within the prescribed fee range, and the portion involving property will be handled on a case-by-case basis. 2. For divorce cases, the fee is 100 yuan to 50 yuan per case. If it involves property division, if the total amount does not exceed 10,000 yuan, there will be no additional charges; if it exceeds 10,000 yuan, the excess amount will be charged at 1%. For cases of infringement of name rights, copyrights, portrait rights, reputation rights, and honor rights, 50 to 100 yuan will be charged for each case. In intellectual property dispute cases, if there is no amount in dispute, the fee for each case is 500 yuan to 1,000 yuan; if the amount is in dispute, the fee will be paid according to the charging standards for property cases. For labor dispute cases, the fee is 30 to 50 yuan per case. For other non-property cases, the fee is 10 yuan to 50 yuan per case. In bankruptcy cases, the total property value of the bankrupt enterprise is calculated according to the property case charging standards, and the payment is reduced by half, but the maximum value shall not exceed 100,000 yuan. 3. Property cases refer to cases where lawsuits are filed due to disputes over property rights. The acceptance fee for property cases shall be calculated and charged based on the value and amount of the disputed property on a declining basis. The specific charging standards are: 50 yuan for each item less than 1,000 yuan; 4% for the portion exceeding 1,000 yuan to 50,000 yuan; 3% for the portion exceeding 50,000 yuan to 100,000 yuan; The portion between 100,000 yuan and 200,000 yuan is paid at 2%; the portion over 200,000 yuan to 500,000 yuan is paid at 1%; the portion over 500,000 yuan to 113.13 million yuan is paid at 1%; the portion over 1 million yuan is paid at 1%. Part, according to payment. Now that a lawsuit has been filed, just respond actively. For non-property cases, a fee of 50 to 100 yuan is charged for each case. If it is a labor dispute, a fee of 30 to 50 yuan is generally charged. The charging of other prosecution fees depends on the nature of the case, and the charging standards are different.