What does credit card pre-litigation mediation mean?

Credit card pre-litigation mediation includes two situations. One is that it does not have the nature of trial, that is, it is mediated by the People’s Mediation Studio established in the filing court. ; First, it is of a trial nature, that is, the case is mediated by the judge of the filing tribunal or by the judge, people's assessors, or people's mediators.

According to current law, my country’s mediation system mainly includes three parts: mediation, people’s mediation and administrative mediation. Mediation, also known as judicial mediation and litigation mediation, refers to the activities carried out during the trial of various cases where the parties negotiate on an equal footing and reach an agreement to resolve the matter.

Administrative mediation refers to the state administrative agency with mediation functions based on national policies and laws, based on the principle of voluntariness, on the basis of distinguishing responsibilities and distinguishing right from wrong, through persuasion and education, to promote mutual understanding and accommodation between the two parties, thereby reaching an agreement. Activities addressed by the agreement. People's mediation refers to a mass activity that, under the auspices of the People's Mediation Committee, persuades and educates civil parties, advises and guides parties, promotes mutual understanding and accommodation, and eliminates disputes.

Credit cards, also called credit cards, are credit certificates issued by commercial banks or credit card companies to consumers with qualified credit. It takes the form of a card with the name of the issuing bank, validity period, number, cardholder name and other contents printed on the front, and a magnetic stripe and signature strip on the back. Consumers holding credit cards can shop or consume at specially appointed commercial service departments, and then the bank will make settlements with merchants and cardholders. Cardholders can overdraft within the prescribed limit.

Credit cards stipulated in the relevant laws of our country ("Interpretation of the Standing Committee of the National People's Congress on Relevant Credit Card Regulations") refer to credit cards issued by commercial banks or other financial institutions with the functions of consumption payment, credit loans, transfer settlement , deposit and withdrawal of cash and other full or partial functions of electronic payment cards [1-2]. On December 1, 2017, the "English Translation and Writing Standards in the Public Service Field" was officially implemented, stipulating that the standard English name of credit cards is CreditCard.

Credit card consumption is a non-cash transaction payment method. There is no need to pay cash when consumption, and repayment will be made on the bill date.

Credit cards are divided into credit cards and quasi-credit cards. Credit cards refer to credit cards in which the cardholder has a certain credit limit and can consume within the credit limit and then repay; quasi-credit card It refers to a quasi-credit card in which the cardholder deposits a certain amount of reserve fund as required. When the reserve account balance is insufficient to pay, the cardholder can overdraw within the specified credit limit. The so-called credit card generally refers to a credit card only.

Starting from January 1, 2021, the credit card overdraft interest rate will be determined independently by the card issuer and the cardholder through independent negotiation, and the upper and lower limit management of credit card overdraft interest rates will be cancelled. The daily interest rate is 0.7 times 5/10,000).

How to mediate pre-litigation mediation for overdue credit cards

First of all, when the bank plans to file a lawsuit, or after you have received a subpoena, find some professional debt optimizers or financial services providers. Legal personnel of this type can help you reach pre-litigation mediation with the bank as soon as possible. You must actively defend yourself in court and use some methods to reach court mediation with the bank, so that you can avoid losses to the greatest extent and prevent yourself from being directly included in the list of dishonest persons. Professional debt optimizers can negotiate a corresponding repayment plan with the debtor and contact the bank directly to achieve maximum reduction, maximum period of deferred repayment and second installment repayment to reduce repayment pressure.

Article 96 of the "Civil Procedure Law" When people hear civil cases, they shall distinguish right from wrong and conduct mediation based on the principle of voluntariness of the parties and on the basis of clear facts. Article 97 People's mediation can be presided over by a single judge or by a collegial panel, and it can be conducted on the spot as much as possible. When people conduct mediation, they can notify the parties and witnesses to appear in court in a simple way.

Will the credit card be mediated?

It will be mediated. The debtor only needs to agree to repay the money. Otherwise, the pre-trial mediation will be invalid, and criminal liability will be pursued for suspected credit card crimes.

Legal basis:

"Provisions of the Supreme People's Court on Several Issues Concerning People's Civil Mediation Work"

Article 2: The parties reach a settlement agreement on their own during the litigation process , people can confirm the settlement agreement and prepare a mediation document based on the application of the parties concerned. The period during which both parties apply for out-of-court settlement will not be included in the trial period.

If a party applies to the people to coordinate the reconciliation activities during the reconciliation process, the people may appoint trial assistants or invite or entrust relevant units and individuals to engage in coordination activities.

Article 3 People shall inform the parties before mediation of the names of the mediators and clerks presiding over the mediation, as well as whether to apply for recusal and other relevant litigation rights and obligations.

Article 4: The people shall mediate the case before the expiration of the defense period. For cases subject to ordinary procedures, within 15 days from the date the parties agree to mediation, and for cases subject to simplified procedures, within 7 days from the date the parties agree to mediation. If a mediation agreement is not reached, mediation can continue with the consent of all parties. The extended mediation period will not be included in the trial period.

How to mediate credit card debt?

When mediating credit card debt, a mediation letter will generally be issued after mediation. If the performance period confirmed in the mediation letter expires and the debtor still fails to perform in accordance with the contents of the mediation letter, the other party may apply for compulsory execution. After applying for compulsory execution, the people have the right to seal up, detain, freeze, auction, and sell off the property of the person subject to execution who should perform his obligations.

Article 244 of the Civil Procedure Law of the People's Republic of China , sell off part of the property of the person subject to execution that should perform his obligations. However, the daily necessities of the person subject to execution and his dependent family members shall be preserved. To take the measures mentioned in the preceding paragraph, the people shall make a ruling.

How to handle credit card pre-litigation mediation?

First of all, when the bank is considering us, or after we have received a subpoena, the first thing we have to do is to calm down. There is always a road ahead, and there is still room for redemption. In this situation, the most effective and convenient way is to find some professional debt optimizers or financial legal personnel and let them help you and the bank reach pre-litigation mediation as soon as possible. In addition, you can also provide the bank with corresponding proof of non-malicious default, such as recent consumption records, recent income certificates, etc., and explain your difficulties to the bank as much as possible, and try your best to win Negotiate repayment opportunities with banks. At the same time, you can also consult relevant debt optimizers and let them help you make suggestions and formulate a reasonable repayment agreement.

Article 52 of the "Civil Procedure Law" The parties have the right to appoint an agent, apply for recusal, collect and provide evidence, conduct debates, request mediation, file an appeal, and apply for execution. The parties may review the relevant materials of this case, and have access to relevant materials and legal documents of this case. The scope and methods for accessing and reviewing materials related to this case shall be stipulated by the Supreme People's Court. The parties must exercise their litigation rights in accordance with the law, abide by the order of litigation, and perform legally effective judgments, rulings, and mediation documents.

This ends the introduction to credit card mediation and the judgment of failed mediation by the Credit Card Resolution Center. I wonder if you have found the information you need?