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What to do if you are sued for malicious overdraft on your credit card

The handling of being sued for malicious overdraft on a credit card is as follows:

1. Negotiate settlement. If the bank owes a credit card and has been sued by the bank, you can first negotiate with the bank to solve the problem, formulate a repayment plan, and ask the bank to withdraw Civil litigation. To avoid affecting personal credit, if the cardholder has the ability to repay, it is best to repay in time. Banks will generally withdraw the lawsuit after repayment. 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 the litigation costs;

2. Actively respond to the lawsuit. If private negotiation cannot resolve the issue, you can mediate under the auspices of the court to reach a repayment payment agreement. If the bank does not agree to mediation, it should proactively repay the loan in accordance with the content of the judgment to avoid entering into execution procedures and affecting personal credit. If the defendant repays everything before the first instance judgment or has other minor circumstances, he may be exempted from criminal punishment. 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. He can also entrust a lawyer to serve as a litigation agent to respond to the lawsuit.

Legal basis: Article 248 of the "Civil Procedure Law of the People's Republic of China"

If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, The current and current condition of the property as well as one year prior to the date of receipt of the enforcement notice should be reported. If the person subject to execution refuses to report or makes a false report, the people's court may fine or detain the person subject to execution or his legal agent, the principal person in charge of the relevant unit or the directly responsible person according to the seriousness of the case.