If you fail to appear in court when being sued for an overdue credit card, you will generally be dealt with seriously according to the following two measures:
1. If you do not appear in court within the specified time, the court will make a default judgment and the result will be undoubtedly It is beneficial to the bank. If you choose to actively appear in court to respond to the lawsuit, explain the current actual situation or repayment plan, and can provide some evidence that is beneficial to you, the court will also organize the two parties to negotiate again based on your actual situation. Mediate and negotiate a reasonable repayment plan. If you do not appear in court, the court decision will be sent to you by express delivery.
2. If you do not appear in court or engage in any negotiation, the bank will apply to the court for enforcement. After the court receives the bank's appeal application, it will notify you to perform your repayment obligations in a timely manner. If you fail to perform, your bank card account and other property will be forcibly seized or frozen. If during the investigation it is found that you have the ability to repay but refuse to fulfill your repayment obligations, you will be included in the list of dishonest persons by the court, which is common. "Lao Lai"! Under joint credit punishment, all aspects of work and life will be restricted! If the circumstances are serious, the person will bear corresponding legal liability for refusing to execute the judgment.
If you do not have the ability to repay and there is no property available for execution, the court will also verify it based on your actual situation, and if the situation is true, it will rule to suspend execution. However, your financial status will be verified from time to time, and the enforcement process will be resumed once the property is found to be available for enforcement. Therefore, don’t run away or be afraid after your credit card is overdue. If you really don’t have the ability to repay it all at once, you must stop the loss in time. Otherwise, the penalty interest and risk of prosecution after the overdue period will only make things worse. Negotiate with the bank for personalized installment repayment. It is also the best way to stop loss at present.
Article 70 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Under special circumstances, it is confirmed that the amount of credit card debt exceeds the cardholder's stated ability to repay and the cardholder is still willing to repay. , the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum period of a personalized installment agreement shall not exceed 5 years. The contents of the personalized installment repayment agreement should at least include:
(1) Arrears balance, structure, currency;
(2) Repayment cycle, method, currency, Date and repayment amount in each installment;
(3) Whether annual fees, interest and other fees will be charged during the repayment period;
(4) Cardholders will pay in personalized installments A commitment not to apply for a credit card from any bank before the relevant amounts of the loan agreement are fully settled;
(5) Rights, obligations and liability for breach of contract of both parties;
(6) Repayment Other matters related to payment.
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 collecting payments 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.