The credit card overdue process is as follows:

1. After sorting out the materials, the bank will make a decision on whether to accept them within 48 hours. If it is accepted, a record receipt shall be issued. If it is not accepted, explain the reasons for not accepting it;

2. once the bank accepts the lawsuit, it will let the salesman call and tell him that he can contact the defendant. Before the formal hearing, pre-litigation mediation will be organized;

3. If the defendant can contact and is willing to mediate, and if both parties can reach an agreement through mediation before the court session, the mediation result shall prevail. If no agreement can be reached, then the court will arrange to deal with it;

4. If the defendant is absent from the court session, the judgment will be made by default according to the relevant evidence materials submitted by the bank plaintiff. Default judgment can also be enforced, and the judgment will be mailed to the registered address of the defendant;

5. If the defendant fails to fulfill the repayment obligation according to the judgment, the bank plaintiff only needs to apply for the defendant's corresponding execution according to the process, then a series of assets under the defendant's name, including bank cards, may be seized and frozen.

6. If the defendant has no executable property, the plaintiff continues to apply for execution, and the defendant may be listed as an executor of dishonesty, commonly known as Lao Lai, and may apply to withdraw from the list of executors of dishonesty until all debts are paid off.

If the credit card is overdue, the solution is as follows:

1. If you really can't repay the credit card debt, you can take the initiative to contact the bank, inquire about the amount and interest of the debt, and explain the current situation to the bank, indicating that you don't want to repay the debt, but there is really nothing you can do, and express your repayment intention to the bank to avoid being;

2. After actively communicating with the bank, apply to the bank for personalized installment payment, and make reasonable installment according to your own economic situation and income expectation.

When you can't repay the credit card debt, don't wait for the bank to collect the debt. You should take active measures to communicate with the bank.

Legal basis: Article 70 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks.

Under special circumstances, if it is confirmed that the amount owed by the credit card exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the issuing bank can negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years.

The contents of personalized installment repayment agreement shall at least include:

(a) the balance, structure and currency of the arrears;

(2) the repayment period, method, currency, date and repayment amount of each installment;

(three) whether to charge annual fees, interest and other fees during the repayment period;

(4) The cardholder shall not apply for a credit card from any bank before all the funds related to the personalized installment repayment agreement are settled;

(five) the rights and obligations of both parties and the liability for breach of contract;

(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 service institution shall stop the collection of the cardholder, except that the cardholder fails to perform the installment repayment agreement. If an oral repayment agreement is reached, the issuing bank must keep the recorded data. Records shall be kept at least until the date of settlement of arrears.

Loans overdue litigation process

The process of handling bank loans overdue is the first summons that the lender receives; Then the lender; Then the lender needs to cooperate with the bank to auction the house; Generally, banks auction houses, so there is basically no money left; After the auction, the bank can directly transfer the ownership; Finally, the assets will be disposed of. After loans overdue, the bank will not pay it back immediately, but it will be overdue for several months.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 119 The following conditions must be met:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It belongs to the scope of civil litigation accepted by the people and the jurisdiction of the accused people.

Article 120 An appeal shall be submitted to the people, and copies shall be submitted according to the number of defendants. If it is really difficult to write a written statement, you can make an oral statement, and the people will record it in the transcript and inform the other party.

How long will it take to go to court after the deadline? Everyone should know the overdue process.

After loans overdue, the lender will collect money from the borrower. If the collection time exceeds 3 months and the borrower still fails to repay, the lender is likely to consider the borrower. Many borrowers have consulted. How long will it take to go to court after the deadline? Everyone should know the overdue process!

How long will it take to go to court after the deadline?

After the borrower is overdue, the lender decides to go through about five processes. Generally speaking, from execution to trial conclusion will be within 6 months.

The process is as follows: the lender writes a book-carries the loan contract, overdue certificate and other related materials, and submits it together with the book-after filing the case, the lender pays the fee-and formally holds a court hearing, and also organizes private consultation between the two parties to make a judgment. If the borrower refuses to repay the loan, it will be enforced-the case will eventually be closed.

If compulsory execution is not required, it will be concluded within 3 months, with a high probability of simplicity.

In addition, it is necessary to remind the borrower that after being arrested, the borrower needs to submit his defense within 15 working days. Instead, a copy of the defense will be sent to the lender within 5 days. If the borrower does not write a defense, the court will also hold a hearing within 3 working days.

Finally, everyone should know that if the bank loan is in arrears, the bank may repay it after collection, and the defendant will be notified after filing the case. As for the trial time, both the plaintiff and the defendant can only wait for the notice. Arrears of bank loans will not only affect personal credit information, but also make it difficult to apply for loans in the future.

The above is the related content sharing about "How long does it take from overdue to trial". I hope I can help you!

Bank loans overdue handles it.

After the bank loans overdue, the bank will not pay you back immediately, because the bank will make you overdue for several months, so the bank will overcharge you, and then the bank will call you to collect it. The process is as follows:

The first subpoena you will receive.

And then you.

Then cooperate with the bank to auction the house

Generally, when the bank auctions the house, there is basically no money left.

After the auction, the bank can directly transfer the ownership.

Asset disposal completed.

legal ground

Article 120 of the Civil Procedure Law of People's Republic of China (PRC) (revised 20 17) shall be submitted to the people, and the number of copies shall be submitted according to the number of defendants. If it is really difficult to write a written statement, you can make an oral statement, and the people will record it in the transcript and inform the other party.

Bank loan proceedings

Loan process: 1, write a good book, bring good evidence and books to file a case and pay legal fees, and open the court after examination and acceptance; 4. judge; 5. Execute the judgment. Trial time of civil cases: the summary procedure is concluded within 3 months, and the ordinary procedure is concluded within 6 months. Payment of legal fees: the legal fees shall be paid in advance by the plaintiff at that time, and shall be determined according to the circumstances of the case after the case is concluded. If the defendant loses the case, the defendant will bear all legal expenses; If both parties win or lose, the legal fees shall be shared by both parties or decided by how to share them. Generally, some evidence should be submitted: (1) original 1 copy, and copies should be submitted according to the number of defendants; (2) the parties (including the plaintiff, the defendant, the third party, etc.) the main qualification certification materials. ); (3) evidence of loan.

Legal basis:

Article 34 Non-performing loans refer to non-performing loans, sluggish loans and overdue loans. Non-performing loans refer to loans classified as non-performing loans according to the relevant provisions of the Ministry of Finance. Sluggish loans refer to loans that are overdue (including expired after extension) but not returned according to the relevant provisions of the Ministry of Finance, or loans that have terminated production and operation but suspended construction (excluding bad loans). Overdue loans refer to loans that are not due (including those due after extension) as agreed in the loan contract (excluding sluggish loans and bad loans).

The process of owing money without paying it back

General process:

1, prepare evidence and statements; 2. Submit an application for filing a case to; 3. Pay legal fees; 4. Waiting for trial; 5. Opening a court session; 6. Waiting for the verdict; 7. Apply for execution.

Extended reading:

1. Common evidences of private lending: IOUs, transfer records, cash withdrawal records, loan agreements, IOUs, general recalls, chat records, etc.

2. Documents submitted for the record: statements, evidence and copies of ID cards.

3. The proposal must be preserved: it is best to be incomplete before the lawsuit and cannot be preserved during the lawsuit.

4. Common laws and regulations on private lending: Provisions of the Supreme People on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, among which the common laws and regulations are as follows:

Article 25 If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the listed interest rate in the one-year loan market at the time of the establishment of the contract.

The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.

Article 26. The loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the actual amount lent shall be the principal.

Article 27 After the borrower and the borrower settle the loan principal and interest in the early stage, the interest shall be included in the loan principal in the later stage, and the creditor's rights certificate shall be reissued. If the interest rate in the early stage does not exceed four times the market quotation of the one-year loan when the contract is established, the amount specified in the reissued creditor's rights certificate can be confirmed as the loan principal in the later stage. The overcharged interest shall not be used as the loan principal in the future.

According to the calculation in the preceding paragraph, if the sum of the principal and interest payable by the borrower after the expiration of the loan term exceeds the sum of the interest of the whole loan term based on the initial loan principal and calculated at four times the quoted interest rate of one-year loan at the time of the establishment of the contract, the people will not support it.

Article 28 If the borrower and the lender have an agreement on overdue interest rate, such agreement shall prevail, but it shall not exceed four times the market interest rate of one-year loan at the time of the establishment of this Contract.

If the overdue interest rate is not agreed or clearly agreed, the people can deal with it according to different situations:

(a) there is no agreed interest rate during the loan period, and there is no agreed overdue interest rate. The people should support the lender to claim that the borrower shall bear the liability for breach of contract for overdue repayment from the date of overdue repayment with reference to the interest calculated by the interest rate standard listed in the one-year loan market at that time;

(2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, and the lender advocates that the borrower should pay the interest during the period of capital occupation according to the interest rate during the loan period from the date of overdue repayment, the people should support it.

Article 29 The lender and the borrower have agreed on overdue interest rate, liquidated damages or other expenses. Lenders can choose to claim overdue interest, liquidated damages or other expenses, or both, but the people will not support the part that exceeds the quoted interest rate of the one-year loan market at the time of the establishment of the contract.

This concludes the introduction of the litigation process of overdue loans and the process and time of loans overdue. I wonder if you have found the information you need?