Credit card dispute litigation is a civil case. If a party is sued due to an overdue credit card, it is a civil debt dispute. It is recommended that the party repay the overdue amount as soon as possible, so that the bank will not sue the party.

1. If the bank sues to the court and wins the case, but the cardholder fails to fulfill the court judgment during the performance period, the bank can apply to the court for enforcement.

2. When accepting compulsory execution, the court will inquire about the properties, vehicles, securities and deposits under the name in accordance with the law.

3. If the cardholder does not have enforceable property in his name and cannot fulfill the court's judgment, he will be included in the list of dishonest persons subject to enforcement, which will result in the cardholder being restricted from high consumption and outgoings. If you enter the country, you may even be subject to judicial detention.

4. If someone is able to repay the debt but refuses to do so, he is suspected of refusing to execute the judgment or ruling.

5. According to relevant legal provisions, if the person is capable of executing the judgment or ruling of the People's Court but refuses to execute it, if the circumstances are serious, he will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

What is the process for being sued for overdue credit cards?

1. If a bank files a civil lawsuit in court, the court should decide whether to accept it within 7 days from the date of receiving the lawsuit materials. .

2. If the amount of arrears reaches 10,000 yuan and is not returned for more than 3 months after two collections by the bank, it shall constitute a crime of credit card fraud and shall bear criminal liability. After the public security organ files a case for investigation, it usually takes about four months before the procuratorate files a public prosecution in the court.

The specific prosecution process is as follows:

A. When a party files a lawsuit, it must first submit an indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the prosecution, and the tail must be signed or stamped with an official seal.

B. According to the principle of "whoever makes the claim must provide evidence", the plaintiff should submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units as plaintiffs should submit copies of business licenses, business registration certificates and other materials.

2. Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

C. When the parties submit documentary evidence to the court, they should fill in two copies of the evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list. One copy will be handed over to the parties and the other will be filed.

D. After the parties have completed necessary procedures and submitted relevant evidence materials, the case filing court will handle the case filing procedures within seven days for those who meet the conditions for filing the case; for those who do not meet the conditions for filing the case, it will rule not to file the case in accordance with the law. accepted.

E. The parties concerned should prepay the case acceptance fee and other litigation costs within seven days from the date of receipt of the acceptance notice. If they really have difficulties, they can apply to this court for a reduction, postponement, or If the written application for exemption from payment is not submitted within the time limit or the written application for deferment, reduction or exemption is not approved and the application is still not submitted in advance, this court will rule as automatically withdrawing the case.

F. After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the various work arrangements of the court, and go to the finance office to settle the litigation expenses after the case is concluded, and any excess will be refunded.

Credit cards directly affect personal credit assets and credibility. If you fail to repay your credit card overdue, your credit limit will also be reduced. If you file a lawsuit with the court, you will still need to repay the debt as a debtor. In addition, the bank can also apply to the court for enforcement and can use other financial resources to mortgage the debt.

Legal basis:

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

Article 196 The crime of credit card fraud involves one of the following circumstances: Whoever commits credit card fraud 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 not less than 20,000 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 shall also be fined 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, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also 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 invalid 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.

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