Legal analysis: 1. If a bank brings a civil lawsuit to the court, the court should decide whether to accept it within 7 days from the date of receiving the litigation materials. 2. If the amount owed reaches 1, yuan, and it is still not returned for more than 3 months after being collected by the bank twice, it constitutes the crime of credit card fraud and should bear criminal responsibility. After the public security organ files a case for investigation, it usually takes about four months for the procuratorate to file a public prosecution with the court.

for the purpose of illegal possession, if an overdraft exceeds the prescribed limit or the prescribed time limit, and it is still not returned for more than 3 months after being repeatedly collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of article 264 of this law.