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

Procedure for overdue credit card lawsuits:

1. When a party files a lawsuit, it should first submit a letter of indictment and submit a corresponding number of copies according to the number of parties on the other side. 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 should be signed or stamped with an official seal.

2. Materials concerning the plaintiff’s subject qualifications. Originals and copies of evidence such as resident identity cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates, etc. Enterprises serving as plaintiffs should submit copies of business licenses, business registration certificates and other materials; evidence to prove the plaintiff's litigation claims. . Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. 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.

4. After the parties have completed the necessary procedures and submitted all 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, the court will rule not to accept the case according to law. .

5. The parties concerned shall prepay the case acceptance fee and other litigation expenses within seven days from the date of receipt of the acceptance notice. If they are really in difficulty, they may apply to this court for a reduction, postponement, or If the written application for exemption 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 to automatically withdraw the case

6. After the case filing procedures, the case The court will schedule a hearing, and the parties concerned should obey the court's various work arrangements and go to the finance office to settle the litigation expenses after the case is concluded, and any excess will be refunded.

Legal Basis

"Civil Procedure Law of the People's Republic of China"

Article 242

If the executor fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the right to inquire the relevant units about the deposits, bonds, stocks, fund shares and other property status of the person subject to execution. The People's Court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution based on different circumstances. The property inquired, seized, frozen, transferred, and valuated by the People's Court shall not exceed the scope of the obligations that the person subject to execution shall perform. When the people's court decides to seize, freeze, transfer or change property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.