The whole process from reporting an overdue credit card to filing a case is as follows: 1. First, after the bank has repeatedly called for payment, if the party still fails to repay, the bank will file a civil lawsuit with the court; 2. If the simplified procedure is applied to the civil case, it is three months, and the ordinary procedure is six months; 3. If the party concerned still does not return it after the civil ruling. The case may be transferred to the public security agency for investigation and officially established as a criminal case; 4. After the public security agency completes the investigation, the case will be transferred to the procuratorate to file a public prosecution in the court, accusing the party of malicious overdraft behavior, which constitutes the crime of credit card fraud.
"Criminal Law of the People's Republic of China"
Article 196
Under any of the following circumstances, the amount of credit card fraud shall be If the amount is huge or there are other serious circumstances, the sentence shall be fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; 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 50,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:
< p>(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;(2) Using an expired credit card;
(3) Pretending to be Using other people’s credit cards;
(4) Malicious overdraft. 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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.