Legal subjectivity:
1. How to resolve the case after the case is filed for being sued for an overdue credit card. If a party is sued for an overdue credit card, it is a civil debt dispute. It is recommended that the party repay the arrears as soon as possible. This way the bank will not sue the parties. 2. How to identify credit card fraud 1. Credit card fraud includes: (1) Using forged credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards, or fraudulently using other people’s credit cards to commit credit card fraud, with the amount exceeding 5,000 yuan. behavior. (2) Malicious overdraft of more than 10,000 yuan. If a cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed as a "malicious overdraft." Anyone who has one of the following circumstances shall be deemed as "for the purpose of illegal possession": ① Overdrafting a large amount of money while knowing that he has no ability to repay, and cannot return it; ② Wantlessly squandering the overdraft funds, which cannot be returned; ③ Escape and change contacts after overdrafting ④ Escape and transfer funds, hide property, and evade repayment; ⑤ Use overdraft funds to carry out illegal and criminal activities; ⑥ Other behaviors of illegally possessing funds and refusing to return them. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. 2. The fraud that constitutes this crime must also be based on intention, and it must be direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. The law is objective:
Article 196 of the Criminal Law: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined 20,000 yuan A fine of not less than 200,000 yuan but not more than 200,000 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated: (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 use another person’s credit card; (4) Malicious overdraft.