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Received legal action notice due to credit card arrears

How do credit cards usually notify debtors?

After the case is filed, a copy of the complaint will be served to the defendant, so that the defendant knows that he has been sued. The defendant should notify the debtor from the date of receipt. File a statement of defense within fifteen days.

Generally speaking, litigation documents can be served by fax, email, or other methods that can confirm receipt, except for judgments, rulings, and mediation documents. If it is difficult to serve litigation documents directly, you can entrust other people to serve them on your behalf or serve them by mail.

Most loans are civil cases, and the simplified procedure takes three months. If it is a normal procedure, it will take six months. In special circumstances, it can be postponed for another six months.

Nowadays, there are many online loan big data systems that can provide online loan record query, you can search: Xiaoqixin Check. You can query online loan application records, application platform type, whether it is overdue, overdue amount, credit card and online loan estimated credit limit and other important data information.

Extended information:

Do you want to go to court if you are held by the bank?

If you are held in court by the bank, you need to respond to the lawsuit yourself, or you can entrust a lawyer to represent you in related matters.

If the bank fails to respond to the lawsuit, the case may be heard in absentia and a judgment may be made. Banks are the most important financial sector in our country. If the party owes the bank money and fails to repay it, the bank will issue a reminder. If you still refuse to repay after being urged, you will be blacklisted by the bank, and the bank may impose penalties on you.

Is this legal action notice true? The text message was sent to me from a mobile phone number. I do owe a credit card. Is it a text message sent by a bank collection company?

Really. Regular banks usually call you directly or they are unable to communicate with you directly. According to available information, this is not a formal notification to another agency, but a collection text message. You can call to inquire about your situation

How to punish malicious credit card overdrafts: The Supreme People's Procuratorate and the Supreme People's Procuratorate jointly issued an explanation on several issues concerning criminal cases that impair credit card management in December 2014. Effective on the 16th. Explanation:

1. A person who defrauds public or private property, if the amount involved is relatively large, shall be sentenced to fixed imprisonment of not more than three years, criminal detention or public supervision. , shall also be fined;

2. If the amount involved is huge, or if there are other serious circumstances, he shall be sentenced to a fixed term imprisonment of not less than three years but not more than 10 years, also shall be fined;

3. If the amount involved is particularly large or there are other particularly serious circumstances, he shall be sentenced to imprisonment for not less than 10 years or life and a fine or a fine of property. According to the interpretation, malicious overdrafts held in amounts exceeding 10,000 yuan but less than 10,000 yuan should be considered a "large amount" stipulated in Article 196 of the Criminal Law; if the amount exceeds 100,000 yuan but less than 1 million yuan, it should be considered It is a "huge amount" stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it should be confirmed as "especially large" stipulated in Article 196 of the "Criminal Law".

The paper form and subpoena you need to sign will be provided directly to you afterward. A subpoena will be issued. The subpoena has the judge's contact information. You can call or come to investigate the case. [Legal Basis] Article 85 of the Civil Procedure Law: Litigation documents shall be provided directly to the person to be served. If the person to be served is a citizen, the document should be signed by an adult family member and his absent adult family member; if the person to be served is a legal person or other organization, it should be signed by the legal representative of the legal person, the organization The principal person in charge or the person who receives the document of a legal person or organization; if the recipient has an agent advertisement, he can send it to his signing agent; if the person to whom the service is to be granted has appointed the recipient to the people, The document should then be sent to the recipient for signature.

Article 125: The people shall submit a copy of the complaint list to the defendant within five days from the date of submission of the case, and the defendant shall submit a reply within 15 days from the date of receipt.

The name, gender, age, nationality, occupation, work unit, residence and contact information of the respondent should be recorded; the name and residence of the legal person or other organization and the name, position and contact information of the legal representative or principal person in charge. The People shall send a copy of the defense to the plaintiff within five days of receipt of the defense. If the defendant fails to file an answer, it does not affect the People's trial.

I received a Civil Procedure Law notification letter from China Merchants Bank Credit Card. Is this true?

This is because your bank credit card is overdue and has not been repaid, so the bank sent you a notice informing you that if you do not repay the loan, it will kill you. This is of course true and I suggest you Pay off your loan as soon as possible.

The credit card is overdue.

If a credit card is overdue, according to the "Bank Card Industry Self-Discipline Convention", if the payment is late for up to 3 days, and the repayment difference is within 10 yuan, no penalty interest will be charged. Otherwise, it will be considered overdue.

What are the consequences of not paying back your credit card overdue?

1. Interest and late payment fees

Interest generally refers to the full amount of penalty interest, which means that even if the customer repays part of the amount, the repayment part will not be deducted when calculating the penalty interest, and the interest expense Usually calculated based on daily interest rate of 5/10,000.

Late payment fees refer to the "late payment fees" charged on the unpaid portion of the minimum repayment amount when the cardholder's actual repayment amount is lower than the minimum repayment amount on the due date of the credit card. The proportion of late payment fees is uniformly stipulated by the People's Bank of China, which is 5% of the unpaid portion of the minimum repayment amount.

2. If you have overdue repayments more than three times, you can apply for a credit card but the limit is very small, or you can get a loan but the interest rate is very high

3. Have a bad credit record

If you are overdue more than 6 times and fail to pay once, you will be blacklisted by the "Personal Credit Information System" of the People's Bank of China. Being on the blacklist may affect your work, schooling, and going abroad. Don’t think that it only affects you, your spouse and children are also affected. By that time, there will be no regrets, and the credit report will not believe the tears.

4. Bear criminal responsibility

If the card is not repaid maliciously, exceeds the prescribed limit or time limit, and the card issuer still fails to repay the card after two reminders for more than 3 months, it will be classified as " Malicious overdraft."

A malicious overdraft of more than 10,000 yuan but less than 100,000 yuan shall be deemed as a relatively large amount and shall be punished with a sentence of not more than 5 years or criminal detention. If the amount is huge, from 100,000 yuan to 1 million yuan, the person shall be sentenced to imprisonment of not less than five years but not more than ten years.

If the amount is more than 100,000 yuan but less than 1 million yuan, if the amount is huge, the amount is huge or there are other serious circumstances, the fine shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. The following fines are imposed;

Whoever maliciously overdrafts more than 1 million yuan in an especially huge amount or has other particularly serious circumstances shall be fined not less than 10 years or more, but also a fine of not less than 50,000 yuan but not more than 500,000 yuan. or confiscation of property.

Where is the legal notice of Ping An Credit Card issued?

There are two addresses where the legal notice of Ping An Credit Card is issued. The two sending addresses are: Notification refers to a written notification delivered to the person being informed. There are two types of notices: one is a notice. The other is a notification in the form of a written document. In criminal cases, the notification of filing a case can also be called a receipt of filing. It is usually given to the person who reported the case. The people should protect the rights enjoyed by the parties in accordance with the provisions of the law. For those who comply with Article 100 of this Law Article 19 must be accepted.

1. Place of household registration.

2. The location of the collecting party.

The credit card is overdue for half a year. Yesterday, I received a lawsuit notice from the Legal Department on my QQ mailbox. It said that the notice of application for litigation process was at 3 pm on the 13th. Is this true or false?

Under normal circumstances, a credit card is overdue. It's been half a year, and the text messages I received are real.

If you still have any doubts, you can call the customer service of the bank corresponding to your credit card for consultation. Credit cards are divided into two categories: civil litigation and criminal litigation. In criminal litigation, the cardholder meets certain conditions, the bank calls the police, the public security agency files a case, and the procuratorate prepares materials.

It will take about three to four months. Before filing a lawsuit, it is best to actively negotiate with the bank to fulfill the repayment obligations. This can play a very important role in the judgment and win a reduced sentence or exemption. criminal responsibility.

Extended information:

The introduction of credit card overdue is as follows:

Credit card civil lawsuits generally involve cardholders with a small overdue amount and negotiation with the bank for various reasons. If it doesn't work, the bank will take it to the bank. In this type of lawsuit, because the whereabouts of the cardholder are unknown, most of the judicial documents need to be served by public notice.

The case trial period is more than twice that of other ordinary civil cases, generally taking about 4 months. Here we refer to the general private loan litigation process, which is divided into several stages. Credit card litigation is a contractual litigation, and the jurisdiction is usually stipulated in the credit card application regulations, which is usually the location of the bank's credit card center.

Xinhuanet - A man who maliciously overdrafted more than 250,000 yuan on his credit card and failed to repay it was sentenced to 5 years in prison

People's Daily Online - Three reasons for overdue credit card repayments

QQ Is it true that I received a civil lawsuit notice on China Merchants Bank’s credit card in my mailbox? Will it really be deceived? What should I do if so?

Most of this situation is fake and is a trick of scammers. You can ignore it. If it is really served, the appeal petition and the summons need to be signed directly by you, not by other means, nor by the other party notifying you.

Article 125 of the Civil Procedure Law: The people shall send a copy of the pleading to the defendant within five days from the date of filing the case, and the defendant shall file a reply within fifteen days from the date of receipt. 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 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 people's trial.

1. If the applicant has not applied for a bank credit card, he will definitely not receive a bank credit card email.

2. Note:

1. After the applicant applies for a credit card, the bank will notify the customer by mobile phone or email, but it is impossible to send the credit card by itself without applying. mail.

2. The email address sent by the bank is based on the information provided by the applicant. If a QQ mailbox is not provided as a mail recipient, it is impossible to receive credit card-related emails.

3. You can go to the local People's Bank of China to check whether your personal information has been leaked and others have used your personal information to apply for credit cards.

3. Possible situations:

1. My information is leaked and I receive advertising emails from third parties.

2. It may be that you have received an invitation email from a third party to apply for a China Merchants Bank credit card.

3. You may receive advertising emails, emails or other illegal emails from credit card agencies.

4. You may have received a virus email.

The main legal consequences of non-repayment of credit card debts are:

1. High overdue interest will be incurred.

2. The bank will sue you, and you will incur economic losses such as litigation costs and attorney fees.

3. Individuals will have bad credit records, which will have an impact on future bank cards and loans.

4. If the amount owed exceeds 10,000 yuan, it constitutes a credit card crime and will be held criminally responsible.

This concludes the introduction to legal action notices on credit cards and legal action notifications on credit card debts. Have you found the information you need?