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if your credit card is overdue and sued by the bank, will you appear in court or not? Here, I strongly suggest that you must appear in court! Why? Because whether you appear in court or not, your result is completely different! Take the case of my friend as an example to explain it to you, and you will know why you should do this.

My friend is a very good person, and regards credit as life. However, the business failed and lost more than 2 million yuan, which eventually led to the overdue credit card and inability to repay it. This time, it was the credit card of China Bank that sued him. The credit card itself was 13, yuan, and 1, yuan had already been repaid. Only 3, yuan was really not enough, so he was sued by the bank to the court. The summons was held on April 16th, and he didn't intend to appear in court, because he heard from many friends that he would eventually lose the case and pay back the money regardless of whether he appeared in court or not. Why did he come here?

My friend received a court summons

A few days ago, my friend came to me and asked me how to deal with it. Should I appear in court or not? I asked him a question: Do you have the ability to settle it at one time now? He said: no ability, no money now. I said: since it can't be settled at one time, you must go to court! The friend asked: Why? Don't we all have to pay back the money? I said: yes, everyone has to pay back the money, but now you can't settle it at one time. For you, appearing in court or not appearing in court is completely two kinds of results!

Then I gave him a detailed analysis:

The court will decide that you have no willingness to repay and are unwilling to negotiate, so the court will decide what the bank asks. Moreover, the judgment will be issued in court as soon as possible. With the judgment, the bank will apply for enforcement, freeze your bank account number, WeChat and Alipay, and seal up the property under your name. When you want to unblock it, you can only settle the arrears at one time.

Then, you will have the opportunity to negotiate and defend. For those who appear in court, your attitude has made the judge and the bank think that although you have no money, you are willing to repay it, so the subsequent trial will be relatively humanized. After appearing in court, before the formal trial, the judge will ask you and the bank if they are willing to mediate. If you say yes, the judge will mediate first. This mediation is definitely a mediation plan agreed by both parties. If the bank says that it will let you settle in three months, but you don't agree that it can't be done, then the judge will do the work of the bank in the middle, and will also understand your actual economic situation and see what kind of repayment plan is more suitable for your current situation.

If mediation cannot be reached in court, the judge can only make a judgment, and after the judgment, he can also mediate with the bank.

if mediation fails again, the bank must enforce it, and a settlement can be reached during the implementation stage.

In short, as long as you have the willingness to repay, have a correct attitude and cooperate with the work of banks and courts, you will not put yourself in a particularly passive position.

When I analyzed my friend's case, I said this: In this case, the key for you to appear in court is to see if you can cancel the interest and liquidated damages, but because it is a credit card of China Bank, it is unlikely that you will not repay the interest and liquidated damages, because the four major banks are tough.

If the bank really refuses to give in and must repay the principal plus interest plus liquidated damages, then you should negotiate the repayment method and see if you can negotiate the longest repayment period, 3 years, 5 years or 6 years, so that the repayment pressure is not great. If the bank really negotiates to pay back about 1 yuan a month, then we will basically win this lawsuit.

as for how to write the defense, what evidence to provide and how to negotiate with the bank, I gave him detailed instructions. Finally, my friend went to court as promised.

After that, he called me with great satisfaction and told me about the whole trial process and results:

1. The judge had a good attitude and made it clear that since I could appear in court, it meant that I did have the will to repay the loan, so the judge asked me, what is my appeal? What is the current economic situation? What is the maximum repayment amount you can accept each month if you repay it in installments?

2. The trial of several other defendants that I also attended was also due to the overdue credit card of China Bank, but because they didn't appear in court, the judge pronounced the sentence in court. Fortunately, I appeared in court. I didn't expect this repayment plan to be very satisfactory.

3. I have negotiated with the bank for a long time, but they don't agree to reduce the interest, but the liquidated damages can be reduced appropriately. Finally, it will be repaid in 36 installments, with a monthly repayment of about 1, yuan, and the fee will be deducted on the 1th of each month. I can accept this amount. I also asked the bank if it can be paid a few days later if the salary is not paid on time on the 1th. The bank said that as long as you answer our phone and have the willingness to repay, we will be accommodating and will not directly apply for enforcement.