1. How to calculate the liquidated damages for credit card debt?
The calculation of liquidated damages for credit card debt should be based on the agreement between the two parties. Within 3 months of overdue payment, the liquidated damages are calculated as 5% of the unpaid portion of the minimum repayment amount, and after 3 months, the penalty is 5% of the total amount owed. Overdue credit card repayments not only require payment of liquidated damages, but also bear the following legal consequences:
1. The credit card is suspended. If the cardholder fails to repay, his or her credit card will be deactivated.
2. Personal credit stain. Once you have a bad credit record, it will be difficult to apply for a credit card.
3. After repeated collections by the bank, if the credit card holder still fails to repay in full or refuses to repay, he will be sued by the bank.
The so-called credit card late payment fee refers to the fee that the cardholder should pay to the card-issuing bank according to regulations when the cardholder fails to repay before the due payment date (inclusive) or the repayment amount is less than the minimum repayment amount. . Generally, a certain percentage of the amount payable is levied on each day that exceeds the specified period. According to administrative law theory, late payment fines are a type of execution penalty in administrative enforcement.
After a user uses a credit card to overdraft, there is usually an interest-free repayment period ranging from more than 20 days to more than 50 days. As long as the cardholder does not pay off all overdraft fees within the specified period, then the All charges incurred by cardholders last month will no longer enjoy the interest-free treatment of the bank.
2. What are the conditions for applying for pre-litigation property preservation if you refuse to repay credit card debt?
1. The application for pre-litigation property preservation must have payment content;
2. If the request is urgent, failure to take corresponding preservation measures immediately may cause irreparable losses to the applicant’s legitimate rights and interests;
3. An interested party shall submit an application for pre-litigation property preservation. .
3. What materials are needed to apply for pre-litigation property preservation if you refuse to repay the credit card debt?
1. An application form for pre-litigation property preservation.
2. Documents proving the qualifications of the parties involved.
3. Pre-litigation property preservation guarantee letter and original certificate of title to the guaranteed property.
4. Specific clues for applying for property preservation.
5. Documents proving the existence of disputes between the two parties.
If the credit card debt is not repaid, you will be liable for breach of contract according to the contract signed by both parties. According to the provisions of the Civil Code, if one party fails to perform its repayment obligations as stipulated in the contract, it will definitely be liable for breach of contract, and liquidated damages are the most common way of assuming liability for breach of contract. The specific amount of liquidated damages still needs to be determined according to the agreement between the two parties.