It usually takes three months for an overdue credit card lawsuit to go to court.

The time from credit card prosecution to court hearing depends on the court's procedure for hearing the case. After the indictment is delivered to the court, it should review it within seven days and decide whether to accept the case or not, notify the parties and hold a court hearing within three months. Compile litigation materials and file a lawsuit with the court.

The court will decide whether to accept it within 48 hours. If accepted, a filing receipt will be issued. If it does not accept it, it will explain why it does not accept it. If the defendant is able to contact and is willing to mediate, and if both parties can reach an agreement before the trial, the decision will be determined based on the mediation results.

If agreement cannot be reached, a court hearing will be scheduled. Once the bank accepts the lawsuit, it will ask the clerk to call defendants who can be contacted. Before the formal hearing, the court will organize pre-litigation mediation.

1. How to deal with overdue credit card lawsuits

After the bank files a lawsuit, there will be a long period of time until the trial. There is sufficient time to mediate with the bank before the trial. At this time, you only need to pay back the principal with interest, and the bank will be satisfied and withdraw the lawsuit in the next second. At this time, you should adopt a positive attitude towards repaying the money, communicate and negotiate with the bank, explain that it is not malicious overdue, but you have special financial difficulties, and request an extension of the deadline and a personalized installment.

2. Will you go to jail if you sue for an overdue credit card?

You may go to jail if you are sued, but only if the principal is more than 50,000, and the credit card fraud crime of malicious overdraft will go to jail.

The overdue logistics department answers bank calls, and even takes the initiative to pay off a little bit from time to time, but fails to finish due to difficulties, and disappears directly after you are overdue. Such malicious overdue behavior is definitely different in nature. So please note, don’t avoid collection after the due date.

If there is no malicious overdraft, or the principal of the debt is less than 50,000, the highest probability of failure to repay the money after such a lawsuit is not to go to jail, but to become a person subject to execution for breach of trust, that is, a bad person. Yes, the consequences are quite uncomfortable.

It can be seen that from the time the user overdues the payment to the time he is sued by the bank, it usually takes about 3 months for a court hearing. If you pay a small amount every month during the overdue period, and the collection call is responded to, you promise to try your best to repay, and the bank will not sue the party for the time being. Therefore, you still need to have a positive repayment attitude to avoid legal proceedings from the bank.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 196_ Under any of the following circumstances, credit card fraud is committed If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

( 3) Fraudulent use of 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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.