A credit card dispute has been sued and should be handled in the following manner:
1. Timely repayment
If the cardholder has the ability to repay, it is best to make timely payment After repayment, the bank will usually withdraw the lawsuit. If you do not repay the debt, you will be ordered by the court to repay the debt, and you will also have to bear litigation costs.
2. Responding to a lawsuit
If the cardholder wants to respond to a lawsuit, he can write a statement of defense and submit it to the People's Court within the defense period to respond to the lawsuit, or he can entrust a lawyer to act as a litigation agent. People respond.
So what are the consequences of not performing after being sued?
Failure to perform after being sued will have the following consequences:
1. If the bank sues to the court and wins the case, and the cardholder fails to fulfill the court judgment during the performance period, the bank can apply to the court for enforcement. .
2. When accepting compulsory execution, the court will inquire about the properties, vehicles, securities and deposits under your name in accordance with the law.
3. If the cardholder does not have enforceable property in his name and cannot fulfill the court's judgment, he will be included in the list of dishonest persons subject to enforcement, which will result in the cardholder being restricted from high consumption and outgoings. If you enter the country, you may even be subject to judicial detention.
4. If someone is able to repay the debt but refuses to do so, he is suspected of refusing to execute the judgment or ruling.
5. According to relevant legal provisions, if the person is capable of executing the judgment or ruling of the People's Court but refuses to execute it, if the circumstances are serious, he will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
In summary, the credit card dispute has been sued, and it is recommended to repay as soon as possible, otherwise it will have adverse consequences for the cardholder.
What should you do if you are sued by your credit card and still have no money?
If you are sued by your credit card and have no money to repay, you can negotiate with the bank and clearly explain your inability to repay. Then try to apply for extending the repayment period, repaying the debt in installments, and at the same time, you can try to apply for a suspension of interest payments. If the overdraft is malicious, it is suspected of credit card fraud. The bank can sue the court and the cardholder will be subject to corresponding criminal penalties. If the customer refuses to repay, the court may impose enforcement actions, freezing the bank card in his name, deducting the funds therein for repayment, and mortgaging or auctioning the property in the customer's name to offset the credit card debt.
What to do if you are sued for an overdue credit card?
If you are sued for an overdue credit card, you can handle it in the following ways: 1. The party can ask the bank whether the lawsuit can be withdrawn. If the bank is willing to withdraw the lawsuit, the party can The loan should be repaid as soon as possible. If the party is unable to repay, it can reach an installment repayment agreement with the bank; 2. If the bank does not agree to withdraw the lawsuit, the party concerned should actively respond to the lawsuit, submit a defense to the People's Court within the statutory period, and then appear in court to participate in the lawsuit. To safeguard their legitimate rights and interests, after the judgment issued by the people's court takes effect, the parties concerned should also actively perform their obligations in the judgment.
Legal basis:
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Using it fraudulently Others’ credit cards;
(4) Malicious overdrafts.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.
Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Article 249 of the Civil Procedure Law of the People's Republic of China A person’s deposits, bonds, stocks, fund shares and other property status. The people's court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution based on different circumstances.
The property inquired, seized, frozen, transferred, and valuated by the People's Court shall not exceed the scope of the obligations that the person subject to execution shall perform. When the people's court decides to seize, freeze, transfer or change property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.