1. If a party is sued for overdue credit cards, it is a civil debt dispute. It is suggested that the party should repay the arrears as soon as possible, so that the bank will not prosecute the party. It is a breach of contract for a credit card to fail to repay after overdraft. The bank may require the cardholder to repay the principal, overdue interest, late payment fee, over-limit fee, etc.
2. Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China
A lawsuit must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific claims, facts and reasons;
(4) it is within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court against which the lawsuit is filed.
Article 266 of the Criminal Law of the People's Republic of China
The crime of swindling public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
2. How much credit card debt can be put on file
If the credit card debt exceeds 1,, and it is still not returned for more than 3 months after the card-issuing bank has twice collected it, it can be put on file. According to the law, if the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being collected twice by the issuing bank, it shall be deemed as "malicious overdraft". Whoever engages in credit card fraud, if 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 2, yuan but not more than 2, 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 ten years and shall also be fined not less than 5, yuan but not more than 5, yuan.