1. If a bank brings a civil lawsuit to the court, the court shall decide whether to accept it within 7 days from the date of receiving the litigation materials. 2. If the amount owed reaches 6,543.8 yuan+0,000 yuan, and it has not been 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. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and fails to return it for more than three months after repeated reminders from the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) knowing that there is no repayment ability and the overdraft amount is too large to be returned; (two) squandering overdraft funds, unable to return; (3) Escaping after overdraft, changing contact information and avoiding bank collection; (4) Evading the transfer of funds, concealing property or evading repayment; (five) the use of overdraft funds for illegal and criminal activities; (six) other acts of illegal possession of funds and refusal to return them. Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
Legal objectivity:
Article 122 of the Civil Procedure Law stipulates that a lawsuit must meet the following conditions: (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 falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court. Article 126 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.