Current location - Trademark Inquiry Complete Network - Overdue credit card - How to write a defense statement against a credit card lawsuit
How to write a defense statement against a credit card lawsuit

Legal subjectivity:

If the credit card is overdue and is sued, the defendant can respond to the People's Court and submit a defense within 15 days after receiving a copy of the indictment and evidence materials.

1. How to write a defense statement if you are sued for overdue credit card repayment

1. Respondent: name, gender, date of birth, ethnicity, education level, work unit, occupation, address. (If the respondent is an organization, the name of the organization, the name and position of the legal representative, and the address of the organization should be stated)

2. Respondent: name, gender, date of birth, ethnicity, education level, and job Unit, occupation, address. (If the respondent is an organization, the name of the organization, the name and position of the legal representative, and the address of the organization should be stated)

In the case of respondent (state the cause of the action, that is, the nature of the dispute), the defense should be as follows :** p>4. Facts and reasons: (State the factual and legal basis for the defense. You should respond to the questions raised by the plaintiff and refute the facts, laws and claims made by the plaintiff. Reasons that cannot be established)

5. Finally: Sincerely, the People’s Court

Respondent: (Signature or seal) Year, month and day

Attachment: This defense Copies of the pleading (the number of copies will be determined based on the number of respondents).

2. How to deal with being sued for an overdue credit card

If a party is sued for an overdue credit card, it is a civil debt dispute. It is recommended that the party repay the arrears as soon as possible, so that the bank will not Prosecute the parties concerned. For malicious overdraft behavior and the card-issuing bank's collection fails, in addition to immediately stopping payment, the guarantor should also be contacted as soon as possible to require it to perform its guarantee obligations when due. If the guarantor refuses to perform its guarantee obligations, judicial means should be adopted to resolve the issue.

According to Article 196 of the "Criminal Law": Whoever commits credit card fraud under any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan A fine of not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. A person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have his property confiscated:

(1) Using a forged credit card, or using a false identity certificate to fraudulently obtain the money.

(2) Using an invalid credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

3. What to do if your credit card is seriously overdue

1. Cooperate with the bank

First of all, cardholders should admit their mistakes first, and then not avoid the bank. Do not turn off your mobile phone or change your mailing address when receiving a collection call; be sure to keep in touch with the bank, and do not give yourself any excuses for not paying back the money; actively cooperate with the bank's investigations and inquiries.

2. Formulate a repayment plan and obtain approval from the bank.

Furthermore, you should draw up a repayment plan for yourself and proactively inform the bank of your repayment plan. At the same time, you should persuade the bank to recognize and approve your repayment plan. In this plan, you should try to repay a small amount of debt within the range that you can afford, and do not break the bank or give up repayment completely.

3. Actively deal with bad credit records.

For overdue debts, you should pay them off as soon as possible so that your personal credit record can be cleared quickly, and wait five years for these overdue records to be automatically cleared.

According to legal provisions, it can be known that the purpose of writing a reply is to answer and refute the claims of the other party's complaint, so as to reduce the respondent's liability. Legal objectivity:

Article 128 of the "Civil Procedure Law of the People's Republic of China" 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 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.