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Where should credit card lawsuits be filed?

Credit card lawsuits are filed in the grassroots people's court where the defendant is domiciled. Such as the defendant’s domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff’s domicile, and the people’s court where the subject matter is located; if the two parties have not agreed in the contract, the place of credit card litigation should be the people’s court where the defendant is domiciled.

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.

If your credit card is overdue, you will be prosecuted as long as you meet the conditions for prosecution. A lawsuit must meet the following conditions:

1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

2. There is a clear defendant;

3. There are specific litigation claims, facts and reasons;

4. The credit card overdue case falls within the scope of civil litigation accepted by the people's court and is within the jurisdiction of the people's court receiving the lawsuit.

The consequences of an overdue credit card are:

1. Credit card limit reduction. Maybe your original card limit was 10,000 yuan, but suddenly it was reduced to 1,000 yuan. At this time, the bank will require full repayment of the 9,000 yuan in addition to the 1,000 yuan limit, making the already poor economy even worse.

2. Debt collection interferes with life. Collection is believed to be a headache for every debtor. It’s not enough to call yourself, you also have to call your relatives and friends in your address book.

3. High liquidated damages and interest. The penalty and interest charges for liquidated damages of major banks are usually similar: 5% of the unpaid portion as penalty is charged every month, and interest is charged at 0.05% per day. For a 100,000 bill, if it is three months overdue, the monthly liquidated damages and penalty interest may even be as high as 6,500 yuan. This is a burden that debtors cannot bear.

Legal Basis

"Civil Procedure Law of the People's Republic of China"

Article 119 Prosecution must meet the following conditions:

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(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There is Specific litigation claims, facts and reasons;

(4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.

Article 125 of the "Civil Procedure Law" stipulates that the people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt.

The defense statement shall state the defendant’s name, gender, age, ethnicity, occupation, work unit, residence, and contact information; the name, residence, and name of the legal representative or principal responsible person of the legal person or other organization , position, contact information.

The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.