If you are sued for an overdue credit card from China Merchants Bank, you should pay off the debt as soon as possible, and then negotiate with the bank yourself and ask the bank to withdraw the lawsuit. There will be no court hearing, and naturally there will be no legal impact on the cardholder. . If you don't have the money to pay off the debt, you can first repay part of the debt, then negotiate with the bank for personalized installments, and finally sign an installment repayment agreement, pay interest, and have the bank cancel it.
The law requires that debts must be paid. If the debtor is unable to repay the debt, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court.
If you are unable to repay and refuse to repay, the people's court will make a judgment to force repayment. That is to say, if the cardholder is really unable to repay, he can also apply for installment payment.
When you negotiate personalized repayment, remember to provide proof of your inability to repay. You can provide these proofs: proof of low-income households, proof of families in need, unemployment proof, disease proof, etc., in a nutshell In short, it is to prove that you are indeed unable to repay, rather than deliberately failing to repay.
Generally speaking, if your credit card is overdue, you will not be prosecuted, but will only be charged. However, if the bank fails to pay back the malicious overdraft after two collections in March, the probability of being prosecuted is very high. Therefore, it is best not to overdue your credit card for more than three months.
Because the crime of credit card fraud such as malicious overdraft is an intentional crime, it has the subjective purpose of illegal possession, and its constituent elements are very important. Malicious overdraft refers to money that is refused to be returned or not returned, excluding bank late payment fees, compound interest and other card issuance fees.
China Merchants Bank Complaint Handling Process
1. Consumers submit complaints through the complaint acceptance channels announced by China Merchants Bank;
2. Management units of each complaint acceptance channel After receiving the complaint, it will be forwarded to the relevant complaint handling unit in a timely manner;
3. The complaint handling unit will investigate and verify the complaint;
4. The complaint handling unit will make a decision within 15 days and Inform the complainant;
5. If the complainant has objections to the result of the complaint handling, he may apply in writing to the superior unit of the complaint handling unit for verification within 30 days from the date of receipt of the handling decision. If you have any objection to the verification decision, you can apply for verification to the superior unit of the complaint handling unit step by step;
6. Verification units at all levels should make a verification decision and inform them within 30 days from the date of receipt of the application verification materials. Complainant;
7. If the complainant is dissatisfied with or does not accept the result of the complaint handling, the complaint handling unit may inform the complainant that he may apply for mediation to the Financial Consumer Dispute Mediation Organization, or resolve the dispute through arbitration or other channels. .
Legal basis:
Article 188 of the "People's Republic of China and Civil Code"
The statute of limitations for requesting the People's Court to protect civil rights The period is three years. If the law provides otherwise, such provisions shall prevail. The statute of limitations shall be calculated from the date when the right holder knows or should know that the right has been damaged and the obligor knows. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the right was damaged, the people's court will not grant protection. If there are special circumstances, the people's court may decide to extend the time based on the application of the right holder.