Legal analysis:

If you are sued for an overdue credit card, you need to proactively contact the bank to determine whether the two parties can mediate privately. If mediation fails, you need to actively respond to the lawsuit and follow the judgment. If you repay the money in a timely manner, the other party has the right to apply to the court for enforcement. If you are sued for an overdue credit card, you should proactively contact the bank to see if the case can be mediated privately. To prosecute means to file a public prosecution. All cases filed for public prosecution shall be reviewed and decided by the People's Procuratorate. For cases transferred for prosecution by the investigative agencies, the People's Procuratorate shall generally complete the review within one month and make a decision on whether to prosecute. If it is believed that the criminal suspect's criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated in accordance with the law, a decision to prosecute shall be made, a public prosecution shall be filed with the People's Court in accordance with the provisions of trial jurisdiction, and the case file materials and evidence shall be transferred to the People's Court. Initiating a public prosecution is a litigation act in which a state agency with the power to prosecute a crime confirms that the defendant is guilty of the crime based on the evidence collected during the investigation and requests the court to put the defendant on trial on behalf of the country.

Legal basis: "Civil Procedure Law of the People's Republic of China"

Article 119 Prosecution must meet the following conditions:

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

(2) There is a clear defendant;

(3) There are specific litigation claims and facts , reason;

(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.

Article 120 A bill of prosecution shall be submitted to the People’s Court. and files copies according to the number of defendants. Only if it is really difficult to write a complaint, you can file an oral complaint. The people's court will record the plaintiff's oral statement in the transcript and inform the other party.

1. Prosecution Process

1. When a party files a lawsuit, it must first submit a letter of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the prosecution, and the tail should be signed or stamped with an official seal.

2. According to the principle of "whoever makes the claim must provide evidence", the plaintiff should submit the following materials to the court:

(1) Materials on the qualifications of the plaintiff. Such as the originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units as plaintiffs should submit copies of business licenses, business registration certificates and other materials.

(2) Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. When parties submit documentary evidence to the court, they should fill in two copies of the evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list. One copy will be handed over to the parties and the other will be filed.

4. After the parties have completed the necessary procedures and submitted all relevant evidence materials, the case filing court will handle the case filing procedures within seven days for those who meet the conditions for filing the case; for those who do not meet the conditions for filing the case, it will rule not to file the case in accordance with the law. accepted.

5. The parties concerned shall prepay the case acceptance fee and other litigation expenses within seven days from the date of receipt of the acceptance notice. If they are really in difficulty, they may apply to this court for a reduction, postponement, or If the written application for exemption from payment is not submitted within the time limit or the written application for deferment, reduction or exemption is not approved and the application is still not submitted in advance, this court will rule as automatically withdrawing the case.

6. After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the various work arrangements of the court and go to the finance office to settle the litigation expenses after the case is concluded. Any excess will be refunded and any less will be compensated.

2. Materials that should be submitted for prosecution

1. The complaint, also known as the indictment, is necessary to file a lawsuit in court and is used to explain the circumstances of the case and our claims. Legal documents. (For specific writing, please refer to the article "Basic Format and Writing Essentials of Civil Complaint" written by me.

Need to submit: 1 original copy of the complaint, and copies according to the number of opposing parties. (That is, if there are several opposing parties, submit several copies, and then add one copy to the court.)

2. Materials proving the identity of the parties.

Need to submit: 1 copy of ID card. If you do not have an ID card, you can also submit a copy of a temporary ID card and a copy of your household registration book.

If you have a copy of the other party’s ID card or household register, you can also submit it together. If it is indeed not the case, if there is the name and address of the other party, just write it down in the complaint.

3. Basic evidence to prove your claim.

Need to submit: 1 copy of each evidence, which varies according to the specific case. For example: in divorce cases, a copy of the marriage certificate is required; in debt cases, a copy of the IOU and IOU are required. The original document is usually submitted during the court hearing.

4. Authorization procedures.