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How long does it take for a credit card case to be filed?

The time required from prosecution to filing of a case generally depends on the relevant provisions of the law. That is, after prosecution, if the case meets the conditions for prosecution, the case will be filed within seven days and the parties will be notified. If there are no conditions for filing a lawsuit, a ruling must be made within seven days and the case will not be accepted. If the plaintiff is dissatisfied with the ruling, he may appeal.

1. Consequences of overdue credit cards

1. The card issuing bank will collect the due credit card loan in accordance with the law. According to the loan contract and guarantee contract (mortgage or pledge contract), the card issuing bank will If you file a lawsuit in court, the court will take measures such as property preservation, including freezing the bank deposits of credit users and sealing up mortgaged and pledged properties.

2. After the judgment is made, the property will be enforced according to law (withholding deposits, auctioning mortgages, etc.) to repay the bank's loan losses.

Specifically include: arrears principal, arrears interest, overdue interest and penalty interest, as well as all resulting litigation costs, related costs incurred when disposing of mortgage (pledge) properties and realizing them, etc.

3. Your credit will be affected. If you use a company as the borrower, your company will be recorded in the national bank credit consultation system, and credit card overdrafts in your personal name will also be recorded in the national personal credit consultation system. Overdue loans are recorded in the system.

4. If you are not maliciously defaulting on the bank loan, and you are able to pay the interest on the normal credit card overdraft, it is recommended to apply for a repayment deferment to the credit card center first, explaining your willingness to repay and temporarily paying off the credit card debt. Generally speaking, banks will grant lenient information based on the facts and future repayment plans.

It should be noted that if the credit card is overdue and the amount exceeds 5,000 and is not repaid within 3 months, it constitutes credit card fraud.

2. Generally, if a credit card is overdue for 90 days, it can enter the judicial process and file a case. The prosecution period is two years. Prosecution will take place about a month after the case is filed.

What to do if the debtor fails to repay the debt for a long time

(1) Pay attention to collection

There is a saying that "if you borrow something, you must repay it, and it is not difficult to borrow again." However, In real life, there are still people who are dishonest. Some of them fail to repay when due, some borrow in whole and repay zero, etc. Therefore, if the amount lent has exceeded the time limit agreed by both parties, but the loan has not been returned, the lender will consider collecting the money, remind the borrower, and urge the borrower to return the loan within a reasonable period of time.

(2) Prompt prosecution

If the rights of both the borrower and the lender are infringed, the offended party shall file a lawsuit in court within two years from the date when he knew or should have known that his rights had been infringed. If the statute of limitations exceeds two years, the people's court will not accept the case, and the lender's claims will lose legal protection.

In order to prevent the statute of limitations from exceeding, the lender can ask the borrower to write a repayment plan before the statute of limitations expires, thereby interrupting the statute of limitations. According to the provisions of our country's laws, the new statute of limitations can be recalculated from the date of interruption. In this way, the lender not only has the right to sue, but also continues to have the right to win, which is conducive to protecting the legitimate rights and interests of the lender.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 125 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 receive the File a defense within fifteen days from the date of arrival. The defense statement shall state the name, gender, age, ethnicity, occupation, workplace, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. 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.