1. How long will it take for an overdue industrial and commercial credit card to be sued?
Generally speaking, if the credit card is overdue for three months, you may be sued. If you receive a notice from the bank court, you should actively communicate and negotiate with the bank and express your sincerity and determination to repay. If you can repay in full, as long as you explain to the bank that the overdue payment was not malicious, the other party will usually withdraw the lawsuit when they see the repayment. After all, the original intention of the bank's lawsuit is to recover the arrears.
If you cannot repay in full, or even cannot repay, you can explain the reason for the overdue payment, and it is best to provide proof of special reasons. Then calculate the principal and interest based on your actual income, and negotiate with the bank to formulate a repayment plan. If the cardholder has a good attitude and is willing to repay, the bank will generally agree to negotiate.
2. What is the specific prosecution process for overdue credit cards?
(1) When a party files a lawsuit, it must first submit a letter of indictment and submit a corresponding number of copies according to the number of parties on the other side. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the prosecution, and the tail should be signed or stamped with an official seal.
(2) According to the principle of "whoever makes the claim must provide evidence", the plaintiff should submit the following materials to the court:
1. Materials on the plaintiff's subject qualifications. Such as the originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units serving as plaintiffs should submit copies of business licenses, business registration certificates and other materials.
2. Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.
(3) When the parties submit documentary evidence to the court, they should fill in a duplicate evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list. One copy will be handed over to the parties and the other will be filed.
(4) The case filing court will handle the case filing procedures within seven days after the parties have fulfilled the necessary procedures and submitted relevant evidence and materials; for those who do not meet the case filing conditions, the case filing tribunal will make a ruling in accordance with the law. Not accepted.
(5) The parties concerned shall prepay the case acceptance fee and other litigation costs within seven days from the date of receipt of the acceptance notice. If there are indeed difficulties, they may apply to this court for a reduction or reduction within the prepayment period. If the written application for postponement or exemption of payment is not submitted within the time limit or the written application for postponement, reduction or exemption of payment is not approved and the application is still not submitted in advance, this court will rule as automatically withdrawing the case.
(6) After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the various work arrangements of the court and go to the finance office to settle the litigation expenses after the case is concluded. Any excess will be refunded and any less will be compensated.
Credit cards have a limited repayment time. If the card holder has repayment difficulties, he can negotiate with the bank to resolve them. Overdue behavior must not occur. Once the overdue time exceeds three months, there will be multiple collections. If the card holder fails to repay the debt, the bank will take legal measures to sue the card holder. If the card holder fails to repay the loan after the court judgment, enforcement will be enforced.