How long it will take for you to be sued for overdue credit card 5,000 should be determined according to the content of the contract. When a bank issues a credit card to a party, it will sign a credit card use contract with the party. Overdue behavior will also be stipulated in the contract. If the party's overdue behavior has complied with the contract, the bank will file a civil lawsuit with the People's Court. However, before the bank files a lawsuit, , the party will still be given a certain repayment period. If the party fails to repay within the due date, the bank will file a lawsuit to force the party to repay the money.
Legal Basis
"Measures for the Supervision and Administration of Credit Card Business of Commercial Banks"
Article 37 The text of credit card application materials printed by the card-issuing bank shall at least contain the following Elements:
(1) Applicant information: number, applicant name, valid ID name, ID number, unit name, unit address, residential address, billing address, contact number, contact name , contact phone number, contact verification information, other verification information, etc.;
(2) Contract information: receipt contract (agreement), credit card regulations, important reminders, notification methods for changes in contract information, etc.;< /p>
(3) Fee information: main charging items and charging levels, charging information inquiry channels, notification methods of changes in charging information, etc.;
(4) Other information: the applicant has held Credit card and its credit limit, applicant statement, applicant confirmation column and signature column, card-issuing bank service telephone number and bank website, complaint channels, etc.
The "Important Tips" should be listed in a conspicuous manner in the credit card application materials, including at least the basic conditions for applying for a credit card, the required basic application information, interest calculation rules, annual fees/late fees/over-limit fees Collection methods, tips on reading and signing the contract (agreement), tips on the security and confidentiality of applicant information, tips on legal responsibilities and handling measures related to illegal use of credit cards, and other content that has a significant impact on the applicant's credit and rights and obligations. and other information. The applicant’s confirmation column should contain the following statement, and require the customer to copy and sign: “I have read all the application materials, fully understand and clearly understand the relevant information of the credit card product, and am willing to abide by the rules of the application contract (agreement). ”
Extended information:
New rules on credit card overdue:
Concerning the new rules on credit card overdue, customers need to pay attention to the following points:
1. Credit card liquidated damages replace late payment fees:
When the cardholder fails to repay the credit card by the due date or the repayment amount is less than the minimum repayment amount, the unpaid portion of the minimum repayment amount will be charged each time. A liquidated penalty of 5% is charged, and the minimum or maximum fee is stipulated by the bank. For example, China Construction Bank stipulates a minimum of five yuan, one dollar, or one euro.
2. Changes in sentencing standards:
Previously, if an overdue credit card was suspected of malicious overdraft, the amount would be more than 10,000 yuan (less than 100,000 yuan), and it would be deemed as criminal law. The amount is "large"; if the amount is more than 100,000 yuan (less than 1 million yuan), it is deemed to be a "huge amount" stipulated in the criminal law; if the amount is more than 1 million yuan, it is deemed to be an "especially huge amount" stipulated in the criminal law.
The Supreme People's Procuratorate and the Supreme People's Court revised it to: Only malicious overdrafts on credit cards with an amount of more than 50,000 yuan (less than 500,000 yuan) will be considered a "large amount" stipulated in the criminal law; If the amount is more than 500,000 yuan (less than 5 million yuan), it is deemed to be a "huge amount" stipulated in the criminal law; if the amount is more than 5 million yuan, it is deemed to be an "especially huge amount" stipulated in the criminal law.
Negotiation skills for overdue credit cards:
After overdue, you should proactively contact the bank as soon as possible, submit materials proving your insufficient repayment ability, and finally express your willingness to repay. If the user has a good attitude and is indeed overdue due to special reasons and is subsequently unable to repay the loan, the bank will consider agreeing to the user's negotiated repayment request as appropriate.
How to reduce or reduce interest on overdue credit cards:
After your credit card is overdue, if you want to reduce or reduce interest, you can apply to the card-issuing bank for an interest suspension. If the application is successful, interest will no longer accrue on subsequent arrears, which will naturally provide some relief. However, everyone needs to note that the interest accrued on previous debts will not be waived. It is still better to be recorded on the bill together with the principal, and the customer must pay it off on time.
Even if the customer directly applies for interest exemption, the bank will probably not agree.
If the customer cannot pay the debt for a while, he or she can try to extend the repayment period and repay the debt in installments while applying for a suspension of interest payments. The bank will consider this at its discretion.
As long as the customer does not intentionally fail to repay, but does not have the ability to repay, the bank may agree, and the customer will then repay the debt in installments on time according to the new repayment plan negotiated with the bank. That’s it.
Of course, it is best for customers to avoid overdue payments and develop a good habit of repaying loans on time. If you discover early that you are unable to pay off your bill in full, you can actually apply for bill installment before the repayment date arrives, or you can pay off the minimum repayment amount of the bill first.