Can be negotiated. If a party is sued due to an overdue credit card, it is a civil debt dispute. It is recommended that the party repay the overdue amount as soon as possible, so that the bank will not sue the party. For malicious overdraft behavior and the card-issuing bank's collection fails, in addition to immediately stopping payment, the guarantor should also be contacted as soon as possible to require it to perform its guarantee obligations when due. After the bank sues you, you can still negotiate with the bank. Of course, the bank may also refuse to make adjustments. In situations where overdue payments are serious and criminal liability is imposed, the credit card holder can negotiate with the bank. Only by paying off the debt before the court makes a ruling can the penalty be reduced. However, in serious cases, most of the credit card holders will still be imprisoned.
Legal basis: Article 196 of the "Criminal Law": Whoever commits credit card fraud under 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 shall also be fined 20,000 yuan. A fine of not less than 50,000 yuan but not more than 200,000 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances 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 have property confiscated:
(1) Using a forged credit card, or using a false identity certificate Fraudulent credit cards;
(2) Using invalid credit cards;
(3) Pretending to use other people’s credit cards;
(4) Malicious overdrafts of. 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.
Article 1187 of the "People's Republic of China and Civil Code": After damage occurs, the parties may negotiate the method of payment of compensation. If the negotiation fails, the compensation fee should be paid in one lump sum. If it is difficult to pay in one lump sum, it can be paid in installments, but the infringed party has the right to request corresponding guarantees.