Current location - Trademark Inquiry Complete Network - Overdue credit card - What do you say when you go to court for credit card debt? What do you need to bring when you go to court for credit card debt?
What do you say when you go to court for credit card debt? What do you need to bring when you go to court for credit card debt?

Ordinary credit card defaults are civil debt disputes. Before or during the court hearing, you should actively express your willingness to repay, negotiate with the bank as early as possible, and reach a repayment agreement. If you use a credit card to commit fraud, you will commit the crime of "credit card fraud" under the Criminal Law. Article 70 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Under special circumstances, if it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the card-issuing bank may be equal to the cardholder Negotiate and reach a personalized installment repayment agreement. The maximum term of a personalized installment agreement shall not exceed 5 years. The contents of the personalized installment repayment agreement should at least include: (1) the balance, structure, and currency of the debt; (2) the repayment cycle, method, currency, date, and amount of each installment; (3) the repayment period Whether annual fees, interest and other fees will be charged; (4) The cardholder shall not apply for a credit card from any bank before all the amounts related to the personalized installment agreement have been settled; (5) The rights and obligations of both parties and Liability for breach of contract; (6) Other matters related to repayment. If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collections from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt. Article 196 of the Criminal Law: Whoever commits the crime of credit card fraud or theft under one of the following circumstances and commits credit card fraud if 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 less than 200,000 yuan. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to 10 years or more. or life imprisonment, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates; (2) Using an invalid credit card Credit card; (3) Pretending to use other people’s credit cards; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.