Legal analysis: Judicial process for overdue credit cards:
1. Prosecution. It is usually a written complaint with a clear defendant, specific claims, facts and reasons;
2. Acceptance. After review, the court considers that the legal conditions are met and decides to file the case;
3. Preparation before trial. A summons is sent to the defendant, the defendant files a statement of defense, the two parties exchange evidence, and the court allows mediation on its own;
4. Open the hearing. Trial preparation, court investigation, court debate, review and sentencing.
Legal basis: Article 119 of the "Civil Procedure Law of the People's Republic of China" The prosecution must meet the following conditions:
(1) The plaintiff is related to the case Directly interested citizens, legal persons and other organizations;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.
The "Civil Procedure Law of the People's Republic of China" stipulates that after the court receives the complaint and upon review, determines that it meets the conditions for prosecution, it shall file the case within 7 days and notify the parties. If it is considered that the case does not meet the conditions for prosecution, it shall be ruled not to accept the case within 7 days. If the plaintiff is dissatisfied with the ruling, he may appeal. The People's Court shall send a copy of the complaint to the defendant within 5 days from the date of filing the case, and the defendant shall submit a defense within 15 days from the date of receipt. If the defendant files a statement of defense, the People's Court shall send a copy of the statement of defense to the plaintiff within 5 days from the date of receipt. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court. When a people's court decides to accept a case, it shall inform the parties concerned of the relevant rights and obligations in the case acceptance notice and the litigation response notice, or shall inform the parties in advance.