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The credit card has been sued for overdue. Is it necessary to hire a lawyer? What should I pay attention to?

If you have received a summons from the court, only the summons from the real court can be really sued. If you just receive some simple text messages or phone calls to sue you, it is not true, and it is just a means of collection. Only when you really receive a court summons to inform you which court and what court to hear XXX cases on a certain day of a certain year can you really sue.

From my experience, it's useless to hire a lawyer. Even if a lawyer helps you calculate the interest or something, you can say it yourself during mediation. Because you must have lost the case, you don't have to think about it. If you have assets under your name, the bank will definitely apply for compulsory auction of assets to pay off debts. If there are no assets, through court mediation, the two sides will reach a repayment agreement again, or directly pull you into a breach of trust executor.

Here are some points to note:

1. After receiving the summons, you must go to the court session. Banks are different from those online loans and small loans, and you will not find some remote courts to prevent you from going.

2. Prepare the story in advance, why it is overdue and why it can't be repaid. It is best to be true, inflammatory and sympathetic. Because there will be a mediation before the trial, at this time, I will make things clear and tell the bank and the court that I am not malicious, but I really can't afford it. If I don't answer the phone during the collection process, I will say that I am very scared and I am trying to reach a mediation as much as possible.

3. Mediation is to ask you to pay back the money. The bank definitely wants you to pay it off at one time, but it is estimated that you can't pay that much money at one time. You can propose to pay it back in installments, with a maximum period of 6 installments in five years. You can calculate the interest and liquidated damages. If the monthly repayment agreement given by the bank is relatively high, you can also give your opinions. You can list the current work income and expenditure, and negotiate with the bank.

4. Whether you will bear criminal responsibility or not depends mainly on your attitude. If you are in malicious default or malicious overdraft, you will bear criminal responsibility, and you will still be liable even if you are sentenced, so don't say anything like "I have no money, my life is just one", and don't say that the bank dug a hole for you. Remember, no matter what the reason is, you will not pay the credit card in the end.

5. after the installment is reached, you must repay the loan according to the agreement. if you don't pay it back, the second lawsuit will be really hopeless.

6. After the installment is reached, your credit card status is stopped, and the overdue record will always exist. Don't think about getting a loan for five years after you have not paid off and paid off, and your other credit cards may also be downgraded and blocked.

7. If the credit cards of other banks are overdue, remember to pay back some money every month, and take the initiative to communicate with the issuing bank to reach a personalized repayment agreement, and don't wait for others to sue you.

I have worked in finance for 12 years, and I am a practitioner of the traditional country. I have seen the most beautiful scenery on the top of the mountain and experienced the trough that ordinary people can't experience. I hope my answer will help you!

after receiving the subpoena, complaint and relevant evidence, first check whether the accepting court has jurisdiction, because it has a great relationship with your cost of responding to the lawsuit. If there is any objection to the jurisdiction, a written objection to the jurisdiction shall be sent to the court within the defense period (generally within 15 days after receiving the summons). If there is no jurisdictional objection, then you should start preparing your defense. The bank should provide the bill details and the contract as evidence. You should sort out the details of the bill and see if you have any objections to the principal, interest, handling fees, liquidated damages and other expenses advocated by the bank. Is the bank's interest rate calculation method reasonable and legal? Whether the collection of relevant fees complies with relevant laws. These can be used as your defense content.

If you have certain repayment ability, you can also advocate repayment through negotiation, and try to reach a repayment agreement before the court session, so that the bank can withdraw the lawsuit. At this time, the negotiation is basically a one-time settlement of part of the interest fee, or settlement within 3-6 months.

I have shared these contents in several recent videos. You can go to my home page and have a look.

I hope my answer can help you, thank you!

In this case, it is recommended to contact the issuing bank.

Hello, Ms. Kuan, today, specifically, if the credit card is overdue, the debtor will be sued by the bank and face many problems. Don't panic in the face of problems, face them bravely and get to know these contents.

first of all, whether to be prosecuted or not is mainly based on receiving a subpoena from the court. During the overdue period of credit cards, it is normal to hear things like "going through legal procedures", "submitting materials" and "handing over to the legal department". During this period, no one can judge whether the bank really takes the prosecution path, but usually it will take about a month from submitting materials to formal prosecution. To determine whether to be prosecuted, it is necessary to give priority to summons, which will have a clear court time and contact information, and can even be inquired through authoritative websites. Secondly, even if sued, the debtor can protect his rights and interests as much as possible.

for example, hire a local lawyer, answer the lawsuit, or try to mediate before the court. If there are countermeasures, don't sit still. If the debtor has famous assets, such as a garage, it needs to look at his actual demands. After all, there is a certain loss of interest in selling houses and cars through banks.

At this time, it is necessary to take the initiative, not wait passively, whether to hire a lawyer or to apply personally. Finally, judging from the results of the prosecution, there are nothing more than two kinds, one is to repay according to the principal owed by the credit card, and the other is to calculate according to the principal owed by the credit card plus the annualized interest rate of 24%.

However, this result usually requires a one-time repayment. If the debtor refuses to implement it, it may enter the stage of enforcement, or even become a "person who has broken his promise". The follow-up may be supervised by the court, deducting all assets as the basis of repayment, and regularly going to the court to receive the local minimum living expenses every month.

It should be noted that there are few criminal charges on credit cards. After all, most people use them for their own use. Even if the amount is relatively large, it is only said that the probability of civil charges will be higher. Moreover, for some debtors who are insolvent anyway, have no property under their names and it is useless to pay back the money, maybe it is a good thing to sue.

However, everything needs to be viewed dialectically. It can't be said that it is a good thing to sue. For most debtors, we should still face it bravely and try not to go this far.

After the credit card is overdue, you can negotiate with the bank as much as possible on an equal footing, so as to get a second installment opportunity and try to get ashore as soon as possible.

It is said that if a credit card is overdue, it may be sued if it exceeds 5, yuan. In order to reduce losses, banks usually focus on a number of overdue cases for a period of time.

if the amount involved is not large, and there is no objection to the amount that the bank claims for repayment, there is no need to hire a lawyer, so just actively respond to the lawsuit. Attention should be paid to the following points:

If the credit card is overdue, the facts are clear and the evidence is complete. Basically, it will lose the case. If the bank has no other excessively demanding litigation request, personally, I don't think it is necessary to hire a lawyer.

In fact, there is no need to think so much, and there is no need to hire a lawyer.

if there is something to do, it is also the most necessary thing to do, that is, to discuss with the bank how to repay the loan.

As long as a repayment agreement is reached with the bank and the bank agrees, he will naturally withdraw the lawsuit, or the two parties will settle it as a settlement, and then you just need to fulfill the repayment obligation as agreed later.

of course, if you have the ability to repay it in one lump sum, this is the best, which can cure the root cause.

what's the use of a lawyer after the deadline? It's a fact that you owe money. What the lawyer wants from you is to reduce your risk through details, but it doesn't mean that you will be fine. It's more useful to make money and pay off your debts. We have a lawyer here who looks for trouble with various details of the bank, so as to avoid handling it, making it difficult for the bank everywhere, and after suing the bank and losing the case. The bank immediately counterclaimed the cardholder, which led to an increase in its own risk. How to talk about it? Of course, if you want to deal with it, just show your sincerity. After the deadline, you can calculate the penalty interest and liquidated damages yourself. Don't worry too much! It can be handled within 9 days, as far as possible. In this way, the credit investigation is only overdue and does not affect the subsequent credit application!

How can I tell you this?

After you are overdue, the court will subpoena you. Whether you appear in court or not is of the same nature. No matter whether you invite a lawyer or not, you will lose the case. The fact that you owe money for overdue cannot be changed.

The only reason why you are allowed to appear in court is to see what they say and how to sentence you. Then you can appeal for a second trial so that it will not be defined as a criminal case.

Nothing else is useful. Just wait for the judgment when the court summons comes down.

Many creditors feel that it is far away from them, so they don't think it's a big deal. When the later summons arrives, they ask me if I can do it in installments. I didn't know that the summons arrived until I asked, so what else can I do?

I have to find a lawyer when the executors wait. Our lawyers can reduce the interest, and the principal can be divided into 24-6 installments.