If the credit card is overdue for three months or fails to repay after two reminders from the bank, the bank will sue the party concerned. The general prosecution process of credit card arrears is as follows:
1. First, after the bank has repeatedly urged money, the parties still fail to repay the money, and the bank will bring a civil lawsuit to the court;
2. In civil cases, the summary procedure is three months, and the ordinary procedure is six months.
3. If the parties still refuse to return it after the civil adjudication. The case may be transferred to the public security organ for investigation and formally established as a criminal case.
4. After the investigation by the public security organ, the case was transferred to the procuratorate for public prosecution, and the act of accusing the parties of malicious overdraft constituted the crime of credit card fraud.
Article 196 of China's Criminal Law and related judicial interpretations stipulate that credit card holders overdraw beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuse to return it after being urged by the issuing bank, which is an act of malicious overdraft. If the amount is more than 1, yuan, it constitutes the crime of credit card fraud.
to sum up, you should also spend rationally when using credit cards, and don't spend your own credit. If the circumstances of malicious overdraft are serious, it may constitute a crime. Extended information
within one month of overdue, the bank will usually notify you by SMS or telephone, otherwise it will affect your personal credit. When overdue for more than three months, the collection will try its best to make you repay, which will also have a great impact on your daily life. The bank is likely to go to court, and then you will face the prosecution of the bank.
after the credit card is overdue, when the bank reports the case for prosecution, it means that the bank has been completely disappointed with you, otherwise it will not easily sue the cardholder. The so-called filing means that the public security and judicial organs accept the bank report and investigate the case, mainly to verify whether the case is true or not.
Shenyang people's government-filing process and standards