1. How the court will generally impose a sentence if the bank sues you

1. The penalty of the court sued by the bank will generally depend on the circumstances:

(1) Oneself If there is indeed no ability to repay, and there is no property to enforce, then the result of the court's judgment is usually mediation;

(2) The ability to repay, or there are related properties that can be auctioned;

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(3) After the court judgment is issued, if you do not repay the money in time according to the court judgment, the bank can apply to the court for enforcement against you at any time;

(4) If there is malicious overdraft behavior, If the amount reaches more than 50,000 yuan, it may constitute credit card fraud and be sentenced to prison.

2. Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"

The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities, If the amount is relatively large, the sentence is to be not less than five years in prison 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) Pretending to use 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.

2. What is the credit card judicial litigation process?

The credit card judicial litigation process is:

1. The bank notifies the cardholder to repay, and if he does not repay, he will be charged. Sue;

2. The bank will formally sue, and then the cardholder will receive a subpoena;

3. The subpoena may be sent to the cardholder’s home or work;

4. Then the cardholder will appear in court on the day of the court session, and then the court will sentence the cardholder to repay the money, and formally notify the cardholder of the consequences of failure to repay the money;

5. If you persist If you don’t change the card, the bank will apply for enforcement and confiscate the cardholder’s finances;

6. If the cardholder still insists on not paying back, he will go to jail;

7. As long as the bank sues, the cardholder will be fined. There will definitely be a penalty, usually between 20-50 of the amount owed.