Legal subjectivity:

In fact, when filing a credit card case, it does not only look at the amount of debt, but also mainly depends on the reason for the bank to sue. Under normal circumstances, if the credit card debt is not repaid, the bank will The cardholder will be prosecuted in two ways: civil litigation and criminal litigation.

1. Civil litigation:

Regardless of the amount, the court will generally accept the case. If you refuse to repay, you will be listed as a defaulter.

2. Criminal prosecution:

A case will not be filed if the debt is 5,000 yuan, because it does not meet the sentencing standards for malicious credit card overdrafts.

The principal of credit card debt is generally more than 50,000 yuan, and it must meet several conditions such as illegal possession as the subjective purpose, two effective collections by the bank, and the overdue period exceeds 3 months. It was determined to be a malicious overdraft of the credit card and a case was filed in the name of credit card fraud. Legal objectivity:

Article 122 of the "Civil Procedure Law" A lawsuit must meet the following conditions: (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (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. Article 126 The People's Court shall protect the parties' right to sue in accordance with the law. Prosecutions that comply with Article 122 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.