Current location - Trademark Inquiry Complete Network - Overdue credit card - How long does it usually take to file a credit card lawsuit and go to court?
How long does it usually take to file a credit card lawsuit and go to court?

The time from credit card lawsuit to court hearing depends on the procedure of the court hearing the case.

After the indictment is delivered to the court, it shall review it within seven days and decide whether to accept the case or not, notify the parties and hold a hearing within three months. The time limit for the People's Court to hear first-instance civil cases using ordinary procedures is 6 months; if there are special circumstances that require an extension, it can be extended for 6 months with the approval of the president of the court; if an extension is still needed, it must be submitted to the superior court for approval.

In civil litigation, the conditions for prosecution are as follows:

1. There is a litigation request: that is, the plaintiff needs to make a clear request or request, requiring the defendant to perform a certain act or stop a certain act. kind of behavior;

2. There is a cause of action: that is, the plaintiff needs to provide specific facts and evidence to prove that the defendant’s actions or omissions have infringed upon its legitimate rights and interests, or there are other breaches of contract or infringements;

3. Have litigation interests: that is, the plaintiff needs to prove that his rights and interests have been actually damaged or threatened, and he needs to protect his legitimate rights and interests through litigation;

4. He has the qualifications to litigate. : That is, the plaintiff needs to be qualified as a litigation subject and can independently exercise litigation rights, such as natural persons, legal persons or other organizations;

5. There are legal litigation procedures: that is, the plaintiff needs to follow the prescribed litigation procedures. Litigation, such as filing a lawsuit at a prescribed time and place and complying with other procedural requirements.

Prosecution process:

1. Investigation and evidence collection: The parties should investigate and collect evidence related to the case, including documentary evidence, physical evidence, witness testimony, etc.;

2. Draft a complaint: The parties shall draft a complaint that meets the legal requirements in accordance with the law, clarify their requests, litigation facts, reasons, etc., and attach relevant evidence;

3. Submit the complaint: The parties shall Submit the complaint to the people's court at the defendant's domicile or the place where the incident occurred, and pay the litigation fees at the same time. The court shall issue a notice of acceptance to the prosecutor within five days from the date of receipt of the indictment;

4. Defendant’s defense: After receiving the indictment, the defendant shall make a defense within the statutory time limit and explain his or her case. Opinions and views, and attach relevant evidence;

5. Hearing: After the pretrial preparations are completed, the court will arrange a hearing. During the trial, both parties can debate, and the court can question the parties or witnesses, review evidence, etc.;

6. Trial decision: After the trial, the court will make a decision based on the investigation and evidence collection, the statements of the parties, and the results of the trial. There is evidence, etc. to make a judgment or ruling. Once a judgment or ruling is announced, it becomes legally binding.

In summary, before the trial, the court may conduct some mediation or pre-trial conferences and other procedures to coordinate the litigation disputes between the parties. After the hearing, both parties need to submit evidence, debate, cross-examination and other procedures in court.

Legal basis:

Article 152 of the "Civil Procedure Law of the People's Republic of China"

The people's court applies ordinary procedures to the trial The case shall be concluded within six months from the date of filing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the president of this court; if an extension is still needed, it must be submitted to the superior people's court for approval.