If the prosecution meets the requirements after examination, it shall be filed and notified within seven days, and then a copy of the complaint shall be served on the defendant within five days from the date of filing the case. The plaintiff will issue a summons after the court session at the time specified by the court, usually within fifteen days, but the specific time still depends on the case. According to Article 125 of the Civil Procedure Law of People's Republic of China (PRC), 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 reply within fifteen days from the date of receiving the complaint. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; 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. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court. Under normal circumstances, the people's court will file a case within seven days after receiving a complaint or oral prosecution, and notify the parties concerned if it meets the conditions for prosecution after examination; Those who do not meet the conditions for prosecution will also be ruled inadmissible within seven days.

legal ground

Article 196th of the Criminal Law of People's Republic of China (PRC)

Under any of the following circumstances, it constitutes the crime of credit card fraud, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.