Legal analysis:

If the credit card is overdue for three months or the credit card is still not repaid after two reminders from the bank, the bank will sue the party concerned. The CITIC Bank credit card prosecution process is as follows:

1. First, after the bank has repeatedly called for payment, if the party still fails to repay, the bank will file a civil lawsuit in court. The bank prepares a complaint, collects relevant evidence, and submits it to the court with jurisdiction, and the court decides whether to accept the case;

2. If the conditions for case filing are met, the parties will be notified to pay the litigation fee within 7 days, and the case will be filed after payment; A copy of the complaint shall be sent to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt; 3. The court shall notify the parties of the time, place, and person in charge of the hearing three days in advance;

4. Announce the hearing, check the identities of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, ask whether to apply for recusal, and proceed with the trial;

5. Announce the verdict;

6. Civil cases If the summary procedure is applicable, it will be three months, and the ordinary procedure will be six months;

7. After the civil award trial, if the party still does not return it. The bank can apply to the court for enforcement. In addition, the case may be transferred to the public security agency for investigation and formally established as a criminal case;

8. After the investigation by the public security agency is completed, the case will be transferred to the procuratorate to file a public prosecution in the court, accusing the parties of malicious overdraft behavior, which constitutes the crime of credit card fraud. .

Legal basis:

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

Article 122 Prosecution 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 123: To initiate a prosecution, a complaint shall be submitted to the People's Court, and copies shall be submitted according to the number of defendants.

If it is really difficult to write a complaint, you can file a complaint orally, and the people's court will record it and inform the other party.

Article 124 The complaint shall state the following matters:

(1) Name, gender, age, ethnicity, occupation, workplace, residence, and contact of the plaintiff method, the name and domicile of the legal person or other organization and the name, position, and contact information of the legal representative or principal responsible person;

(2) The name, gender, work unit, domicile and other information of the defendant, the legal person Or the name, address and other information of other organizations;

(3) Litigation claims and the facts and reasons on which they are based;

(4) Evidence and sources of evidence, names and addresses of witnesses.

Article 128 The People's Court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt. The defense statement shall state the name, gender, age, ethnicity, occupation, workplace, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense.

If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.

Derived questions:

How to appeal after the first-instance judgment?

If the parties concerned are dissatisfied with the first-instance judgment of the local people's court, they have the right to appeal to the higher-level people's court within 15 days from the date of delivery of the judgment.

If the parties concerned are dissatisfied with the first-instance ruling of the local people's court, they have the right to appeal to the higher people's court within ten days from the date of delivery of the ruling. An appeal should be filed by filing a writ of appeal. The contents of the appeal petition shall include the names of the parties, the name of the legal person and the name of its legal representative or the name of other organizations and the names of their principal persons in charge; the name of the original people's court, the number and cause of the case; and the request and reasons for the appeal. .