Can I still negotiate for repayment after being sued?

Can I still negotiate for repayment after being sued? In the process of interpersonal communication, there must be a debt relationship. Debts are owed. Repaying money is a matter of course. Therefore, the lender must keep evidence of the loan receipt. Can I still negotiate for repayment if I am sued?

Can I still negotiate for repayment after being sued? 1

1. Can I still negotiate for installment repayment after being sued for my credit card?

1. Before the court ruling , sufficient time will be left for both parties to negotiate. According to the "Regulations on the Supervision and Administration of Credit Card Business of Commercial Banks", under special circumstances, if it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the card-issuing bank may negotiate with the cardholder on an equal footing. Enter into a personalized installment agreement. The maximum term of a personalized installment agreement does not exceed 5 years.

2. After the court ruling, the possibility of negotiation is very small, and it depends on the attitude of the bank.

3. If the cardholder does not fulfill the repayment plan in accordance with the negotiated settlement agreement after reaching a settlement, the bank can still request the court to enforce the cardholder in accordance with the original judgment.

2. What will happen after a credit card is sued?

After being sued, the court will serve a complaint to the defendant, and a court hearing will be arranged after the defendant responds. If the bank sues to court and after winning the case, the cardholder fails to fulfill the court judgment during the performance period, the bank can apply to the court for enforcement.

3. Which is more serious, credit card arrears or online loans?

Compared with credit card arrears and online loans, credit card arrears are more serious. For loans, credit cards and online loans that must be listed in the credit report, follow the rule of repaying emergencies first and gradually clear your debts. Regardless of online loans or credit cards, each loan has a borrowing date and a repayment date, and the main consideration is the repayment date. The borrowing period of a credit card will be shorter than that of an online loan, but you can use the minimum repayment to appropriately slow down your urgency for repayment.

After being sued, can I still negotiate for repayment? 2

1. How to proceed with the process of suing for debt

Including submitting a complaint and applying for filing of the case - the court issues a notice of acceptance --The court organizes the two parties to exchange evidence and the defendant submits a statement of defense -- the court hearing, cross-examination, and debate -- the judgment is announced -- the judgment becomes effective and executed.

Proceeding before prosecution is conducive to safeguarding rights and interests and is conducive to execution.

1. According to legal provisions, when the court examines the prosecution of a loan case, it shall require the plaintiff to provide a written IOU; if there is no written IOU, it shall provide the necessary factual basis. It is ruled that prosecutions that do not meet the above conditions will not be accepted.

2. If the debtor of a private loan runs away and his whereabouts are unknown, whether the court will make a default judgment or suspend the litigation depends on whether the "lending relationship is clear". For "clear lending relationships", the court will make a default judgment; for the loan relationship If it is unclear and the facts are difficult to ascertain, the proceedings will be suspended. Therefore, the lender must retain evidence of a “clear lending relationship” such as documents and loan certificates. Otherwise, once the borrower disappears, the case will be “suspended” indefinitely.

3. The debtor’s whereabouts are unknown when the creditor sues. After accepting the loan dispute case, the court announced and summoned the debtor to respond. When the announcement period expires and the debtor still refuses to file a lawsuit, if the loan-lending relationship is clear, a default judgment may be made after trial; if the loan-lending relationship cannot be ascertained, the lawsuit shall be ordered to be suspended.

2. What evidence is required for prosecution of personal debt disputes

1. Identity information of both parties to the lawsuit.

Natural persons must have an ID card or household registration book, while companies, enterprises or institutions need to provide business licenses, company registration information and other materials. If the information has changed, the changed information needs to be provided.

2. Documents proving the existence of the debt.

It is also necessary to provide evidence of the existence of debt disputes. For example, if there is a loan relationship, provide a loan contract or IOU; if there is a buyer-seller relationship, provide shipping bills, receipts and other materials.

3. Evidence of repayment or non-repayment when due.

In addition to evidence proving the existence of the debt such as IOUs, there is also need to be evidence that the other party refuses to repay the due debt or that a part of the debt has been repaid and the remaining balance has not been repaid, such as repayment Commitment letter, etc.

4. Evidence proving that the other party refuses to perform its debts.

For example, if there is recording material proving that the other party refuses to fulfill its debt, or there is other evidence proving that the other party will not repay the debt when it is due, it is best to have a certifier and witness testimony.

5. In the debt relationship, if there are intermediaries such as guarantors or introducers, the information of these intermediaries also needs to be provided. If the intermediary belongs to an organization, the basic information of the organization also needs to be provided.

3. Time to sue for personal debt disputes

1. After borrowing money, if the debtor does not repay the money or the loan contract is unclear, resulting in a personal debt dispute, you can go to the court to sue. However, the court must file a lawsuit within the prescribed statute of limitations

2. The statute of limitations for personal debt disputes is as follows:

(1) For private loans with regular repayments, the statute of limitations is repayment Three years from the date of expiration of the payment period. If it exceeds the expiration date, the right to request protection from the People's Court will be lost.

(2) For private loans with regular repayments, if the debtor fails to perform the debt after the expiration of the agreed period and issues an arrears clause without a repayment date, the statute of limitations shall be deemed to have been interrupted and the debt shall be The statute of limitations (three years) begins to be recalculated on the next day.

(3) Private loans with irregular repayments, that is, private loans without a stated repayment date, are not subject to the statute of limitations, but are subject to a maximum protection period of 20 years.

(4) For non-scheduled private loans, if the borrower explicitly refuses to repay (of course, the borrower must provide evidence to prove that it has explicitly refused to repay), the borrower shall clearly refuse to repay the loan. A three-year statute of limitations period applies from the date of repayment.

(5) For private loans that have exceeded the statute of limitations, if both parties reach a repayment agreement on the original debt, or the borrower signs and seals the reminder notice, it will be regarded as a re-confirmation of the original debt. , the creditor-debt relationship should be protected by law.