First ask both parties for their opinions. If both parties agree, the judge will mediate in accordance with the law. During the mediation process, the opinions of both parties must be carefully listened to, and relevant mediation plans should be made based on a clear distinction between right and wrong. Both parties accept the mediation. If there is a plan, the court will prepare a mediation document in accordance with the law.
1. What are the court’s mediation procedures for overdue credit cards? 1. The court shall proactively start mediation ex officio after obtaining the consent of the parties; 2. After the mediation begins, the judges shall carefully listen to both parties’ opinions on the facts of the case. and statement of reasons, ascertain the facts, distinguish right from wrong, and clarify the respective responsibilities of both parties; 3. If the parties reach a mediation agreement, the contents of the mediation agreement shall be recorded in the transcript and signed by both parties.
2. What are the principles of court mediation for overdue credit cards?
1. The principle of voluntariness. The principle of voluntariness of the parties means that court mediation, whether it is the conduct of mediation activities or the formation of a mediation agreement, must be based on the voluntariness of the parties.
2. The principle of clear facts. The principle of ascertaining facts and distinguishing right from wrong. The principle of ascertaining facts and distinguishing right from wrong means that court mediation should be conducted on the basis that the facts are basically clear and the rights and obligations between the parties are basically clear.
3. Principle of legality. The principle of legality refers to the principle that court mediation must follow legal procedures and the mediation agreement formed must not violate the legal provisions of the country.
3. What are the legal consequences of an overdue credit card? 1. Overdue credit cards will incur late payment fees of the minimum payment amount 5 and penalty interest on the full amount of the bill. Generally, banks calculate the interest on a daily basis and compound interest on a monthly basis. . 2. Overdue records will not be included in the central bank’s credit reporting system. Overdue records will be included in personal credit reports. Bad records will be retained for 5 years. If the overdue amount is large, continuous overdue for more than 3 months will seriously affect the future. Applying for a mortgage, car loan and credit card will have a serious impact on your future credit life. 3. If the credit card is overdue, the bank will call to collect the debt. If the credit card is not paid for more than two times, it will be handed over directly to the collection company. If the bank still insists on not paying back, the bank will freeze the credit card and blacklist the cardholder. The bank will collect the debt until the debt is paid off. The bank will automatically cancel the card. 4. Those who commit malicious overdrafts need to bear criminal liability. Because of debt disputes caused by overdue credit cards, the People's Court cannot directly mediate after the hearing. It must first complete the relevant trial work, because the court's mediation is based on ascertaining the facts, and the bank or the defendant can directly refuse The court's mediation program is voluntary. If mediation is accepted, the mediation letter issued by the court will be enforceable.