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The process of being sued for overdue credit cards

The process for being sued for overdue credit cards:

1. The bank will prepare the prosecution materials and file a lawsuit with the court. The court will make a decision within 48 hours whether to accept the case. A receipt for filing the case will be issued. If the case is not accepted, the reason for rejection will be stated;

2. Once the bank accepts the lawsuit, the bank will ask the clerk to notify the defendant by phone that the defendant can be contacted. Before the formal hearing, the court will organize pre-litigation mediation;

3. If the defendant can contact and is willing to mediate, and the two parties can reach an agreement through mediation before the hearing, the mediation result will be used. If an agreement cannot be reached, a court hearing will be scheduled;

4. If the defendant is absent from the court hearing, the court will make a default judgment based on the relevant evidence submitted by the bank plaintiff. The default judgment is also enforceable. It will be sent to the defendant's registered address by email;

5. If the defendant fails to perform its repayment obligations in accordance with the judgment, the bank plaintiff only needs to apply for corresponding execution against the defendant according to the process, which may later A series of assets in the name of the defendant, including bank cards, etc., will be seized, frozen and deducted;

6. If the defendant has no enforceable property and the plaintiff continues to apply for enforcement, the defendant may be listed as A defaulter, commonly known as a Lao Lai, may apply to the court to withdraw from the list of defaulters until all debts owed have been paid.

Legal basis: Article 70 of the "Regulations on the Supervision and Administration of Credit Card Business of Commercial Banks"

Under special circumstances, it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and the credit card holder has If the cardholder is still willing to repay, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum period of a personalized installment agreement shall not exceed 5 years.

The contents of the personalized installment repayment agreement should at least include:

(1) Arrears balance, structure, currency;

(2) Repayment Period, method, currency, date and repayment amount of each period;

(3) Whether annual fees, interest and other fees will be charged during the repayment period;

(4) Holding The cardholder shall not apply for a credit card commitment from any bank before all amounts related to the personalized installment repayment agreement have been settled;

(5) Rights, obligations and liability for breach of contract of both parties;

(6) Other matters related to repayment.

If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collecting payments from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt.