After the judgment, the bank agrees to negotiate, and after negotiation, the bank can withdraw the lawsuit. The premise is that the debtor promises to pay back the money, otherwise the bank will not negotiate with the cardholder.
1. communicate directly with the credit card center of the bank to negotiate the repayment plan three to six months after overdue;
2. It is decided to sue in the credit card center. After the court files the case, it will organize pre-trial consultation;
3. When the court is in session, there are also opportunities for consultation in the court. In these two stages, the court will organize the bank to negotiate with the cardholder, and the court will lead to some settlement.
the judgment of first instance has come out. If it is executed. Generally, the court's judgment is a one-time repayment, which is a standard judgment within ten days after the judgment takes effect. Now we want to apply for installment repayment, but it is impossible to change it after the court makes a judgment. If we go to the bank now, the bank will force the cardholder to perform according to the court's judgment. In the second instance of appeal, basically, cardholders have no chance of winning, because things like bank credit cards are difficult to win. There is nothing wrong with the bank, and the card is for our own use. We also admit that we have overdrawn, and it is also a fact that we have not repaid.
Legal Basis
Measures for the Supervision and Administration of Credit Card Business of Commercial Banks
Article 17 A commercial bank applying for credit card business shall meet the following basic conditions:
(1) The company has good corporate governance, the main prudential supervision indicators meet the relevant regulations of the China Banking Regulatory Commission, it has an organizational structure and rules and regulations suitable for business development, and its internal control, risk management and accountability mechanisms are sound and effective;
(2) It has a good reputation, a sound and effective internal control mechanism and case prevention and control system, and has no major violations of laws and regulations or major malignant cases in the last three years;
(3) Having directors, senior managers and qualified employees who meet the post qualifications. Senior management personnel should have at least one person with professional knowledge and management experience in credit card business, technical personnel and management personnel necessary to carry out credit card business, and fully implement hierarchical authorization management;
(4) Having business premises, relevant facilities and necessary information technology resources suitable for business operation;
(5) It has established business systems in China that meet the requirements of laws, regulations and business management, and has the technical ability to ensure the information security and operation quality of relevant business systems;
(6) To start foreign currency credit card business, it shall have the qualification of foreign exchange settlement and sale approved by the State Council foreign exchange administration department and the qualification of foreign exchange business (or foreign exchange business scope) approved by China Banking Regulatory Commission;
(7) meeting other prudential conditions stipulated by the China Banking Regulatory Commission.
Measures for the Supervision and Administration of Credit Card Business of Commercial Banks
Article 18 In addition to the conditions stipulated in Article 17, commercial banks should also meet the following conditions:
(1) The registered capital is paid-in capital, and it is not less than RMB 5 million or equivalent convertible currency;
(2) It has a good foundation for handling retail business, the scale and business structure of personal deposit and loan business are stable in the last three years, the customer scale and customer structure of personal deposit and loan business are good, the bank card business is running well, and the connection and use of identity document verification system and credit information system are good;
(3) It has a professional system for handling credit card business, and has established professional operation infrastructures such as card issuing business mainframe, credit card business application management system, credit evaluation management system, credit card account management system, credit card transaction authorization system, credit card transaction monitoring and counterfeit transaction early warning system, credit card customer service center system and collection business management system in China, and the relevant facilities have passed the necessary safety inspection and business test, which can guarantee the integrity and safety of customer data and business data;
(4) It conforms to the overall business strategy and development plan of commercial banks, is conducive to improving the overall business competitiveness, and can continuously carry out business cost measurement, business scale monitoring and basic break-even calculation according to the actual situation of business development.