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What to do if your credit card is overdue and you are sued

If you are sued for an overdue credit card, you should contact the bank to see if the case can be mediated privately. If the bank agrees, you should pay off the debt as soon as possible. If the cardholder is indeed in financial difficulty, you can contact the bank Communicate and negotiate for an extension of repayment.

Usually the bank just wants to recover the debt as soon as possible, and does not really want to take the cardholder to court, so the cardholder guarantees that he can repay the loan as agreed and take action. Generally, It is possible.

If the cardholder takes no action, it may be considered a malicious overdraft. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank.

The overdue credit card is our own fault first, so we should have a good attitude in front of the bank. Only in this way can negotiation be possible. During the negotiation, you can propose to the bank to deactivate the credit card and repay the loan in installments. After the negotiation is successful, make sure the bank can contact you in time. In the end, if the negotiation fails and the bank does not withdraw the lawsuit, it will have to raise money in time to pay off the debt first, and then make plans later.

Procedure for overdue credit card lawsuits

1. When a party files a lawsuit, it must first submit a letter of indictment and submit a corresponding number of copies according to the number of parties on the other side. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the prosecution, and the tail should be signed or stamped with an official seal.

2. According to the principle of "whoever makes the claim must provide evidence", the plaintiff should submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units serving as plaintiffs should submit copies of business licenses, business registration certificates and other materials.

2. Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. When parties submit documentary evidence to the court, they should fill in two copies of the evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list. One copy will be given to the parties and the other will be filed.

4. The case-filing tribunal will handle the case-filing procedures within seven days after the parties have fulfilled the necessary procedures and submitted all relevant evidence and materials; for those who do not meet the case-filing conditions, it will rule not to file the case in accordance with the law. accepted.

5. The parties concerned shall prepay the case acceptance fee and other litigation expenses within seven days from the date of receipt of the acceptance notice. If they are really in difficulty, they may apply to this court for a reduction, deferment, or If the written application for exemption from payment is not submitted within the time limit or the written application for deferment, reduction or exemption is not approved and the application is still not submitted in advance, this court will rule as automatically withdrawing the case.

6. After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the various work arrangements of the court and go to the finance office to settle the litigation expenses after the case is concluded. Any excess will be refunded and any less will be compensated.

Based on what has been said above, if you are sued due to an overdue credit card, you need to actively respond to the lawsuit and negotiate with the creditor. If the matter is resolved, it can be dealt with in the form of minimum repayment or installment payment. , therefore, you must know how to protect your own rights and interests, and if you really owe money to others, you must repay it as soon as possible.