After a party is sued by a bank and intends to repay the loan, he or she can entrust a lawyer to negotiate with the other party's lawyer.
Legal Analysis
After the party is sued by the bank, he needs to call the bank's credit card center to state that the debt is not malicious. If you have always had good records in the past and the overdue period was short, and you find that you have made good repayments after the overdue period, you may not be recorded in a bad record. In addition, when a party is sued to the court, they should collect evidence and actively respond to the lawsuit. The court will directly serve paper pleadings and summonses, which need to be signed to see if they fall under the jurisdiction of the court. If the jurisdictional regulations are not met, jurisdictional objections can be raised during the defense period. You need to defend yourself and collect relevant evidence based on the facts of the other party's lawsuit. If relevant evidence needs to be retrieved by the People's Court, a written application must be made to the People's Court for retrieval. After all preparations are completed, the case will be heard by the People's Court. During the trial, the evidence of both parties needs to be cross-examined, and a defense must be made based on the cross-examination situation and the focus of the dispute. If the defendant has no objection to the jurisdiction, the following materials should be submitted when responding to the lawsuit:
1. Reply: one original, and copies are provided according to the number of plaintiffs; the reply should be signed or sealed by the defendant. If it is a legal person or other organization, it shall be signed by the legal representative or person in charge and stamped with the official seal.
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.
2. Evidence: one original, and copies according to the number of plaintiffs.
3. Qualification information of the defendant: If the defendant is a citizen, he should provide a copy of his ID card. If the defendant is a legal person or other organization, a copy of the business license, organization code certificate, identity certificate of the legal representative or person in charge, and personal ID card of the legal representative or person in charge should be provided.
4. If the defendant entrusts a lawyer to act as the respondent, he should issue a power of attorney to the attorney and indicate whether it is a general authorization or a special authorization.
Legal Basis
Article 64 of the "Civil Procedure Law of the People's Republic of China" The parties concerned have the responsibility to provide evidence for their own claims. The People's Court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or that the People's Court deems necessary to hear the case. The People's Court shall comprehensively and objectively examine and verify evidence in accordance with legal procedures.