Legal analysis: A prisoner is sued by a bank while serving his sentence. The bank can sue at the location of the bank, but a trial must be held at the location of the prison where the prisoner is serving his sentence to find out the facts of the case. Generally speaking, a prisoner serving his sentence in prison will not hinder the progress of civil proceedings. If the prisoner's family receives a court summons, they should explain to the court as soon as possible where the prisoner is serving his sentence to avoid being judged by the court in absentia. According to the general jurisdiction principle of the plaintiff over the defendant, the People's Court of the place where the plaintiff has his domicile shall have jurisdiction. If the plaintiff's domicile is inconsistent with the place of habitual residence of the plaintiff, the People's Court of the place of habitual residence of the plaintiff shall have jurisdiction. If the defendant has been imprisoned or re-education through labor for more than one year, the people's court of the place where the defendant was imprisoned or re-education through labor shall have jurisdiction. (1) Litigation related to identity and relationship filed against persons who do not reside within the territory of the People's Republic of China; (2) Litigation related to identity and relationship filed against persons whose whereabouts are unknown or declared missing; (3) lawsuits related to identity and relationship filed against persons who are employed Proceedings brought by persons in correctional institutions; (4) Proceedings brought against persons incarcerated.
Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. 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 a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person 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 if there are other particularly serious circumstances, he 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 his property shall be confiscated: (1) Using a forged credit card, or using a false identity certificate to defraud (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.