Current location - Education and Training Encyclopedia - Educational institution - How does the court generally mediate credit cards?
How does the court generally mediate credit cards?
1. The court initiates mediation ex officio after obtaining the consent of the parties;

2. After the mediation begins, the judges should listen carefully to the statements of the facts and reasons of the case, find out the facts, distinguish right from wrong, and clarify their respective responsibilities;

3. If the parties reach a mediation agreement, the contents of the mediation agreement shall be recorded in the record and signed by both parties.

1. What are the principles of court mediation for overdue credit cards?

1, voluntary principle.

The principle of parties' voluntariness refers to court mediation, which should be based on the parties' voluntariness whether conducting mediation activities or forming mediation agreements.

2. The principle of clear facts.

The principle of finding out the facts and distinguishing between right and wrong is to find out the facts. The principle of distinguishing between right and wrong means that court mediation should be conducted on the basis that the facts are basically clear and the rights and obligations between the parties are basically clear.

3. The principle of legality.

The principle of legality refers to the principle that court mediation should follow legal procedures in procedure, and the mediation agreement formed cannot violate national laws and regulations.

2. What are the legal consequences of overdue credit cards?

1. If the credit card is overdue, there will be a late fee of 5% of the minimum repayment amount, and the bill will be fined in full. The average bank will calculate at 0.05% per day, and the interest will be compounded monthly.

2. Overdue records will be included in the central bank's credit information system, and overdue records will be included in the personal credit information report. Bad records will be kept for 5 years, and the overdue amount is large. If the overdue amount exceeds 3 months in a row, it will seriously affect future mortgage, car loan and credit card applications, and the future credit life will also be seriously affected.

3. If the credit card is not returned within the time limit, the bank will collect it. If it is not returned for more than two times, it will be directly handed over to the collection company. If you still insist on not returning the credit card, the bank will freeze the credit card and blacklist the cardholder. The bank will automatically cancel the card until the debt is paid off.

4. Malicious overdraft requires criminal responsibility.

Because of the debt disputes caused by overdue credit cards, it is impossible for the people's court to mediate directly after the court session, but it is still necessary to complete the relevant trial work first, because the court's mediation is based on finding out the facts, and both the bank and the defendant can directly reject the court's mediation plan, and the mediation is voluntary. If mediation is accepted, the conciliation statement made by the court can be executed.

Legal basis:

Article 244 of the Civil Procedure Law of People's Republic of China (PRC).

If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.