1. Will the bank go to jail if you sue for an overdue credit card?

You may not go to jail if you sue for a credit card. If you are sued for overdue credit card repayment, you will not go to jail if you can repay the debt in time or implement the effective judgment of the People's Court. Only when it constitutes credit card fraud does one need to bear criminal responsibility. Under normal circumstances, this kind of financial dispute is a civil dispute and requires civil liability. If the civil liability is not fulfilled, or a criminal offense is constituted, the debtor may face jail time if a malicious overdraft of a credit card is suspected of credit card fraud. The purpose of the bank is not to make debtors go to jail, but to hope that cardholders can repay their debts on time.

2. How to solve the case after being sued for overdue credit card?

If the party is sued for overdue credit card, it is a civil debt dispute. It is recommended that the party repay the arrears as soon as possible, so that the bank can The parties will not be prosecuted.

For malicious overdraft behavior and the card-issuing bank’s collection fails, in addition to immediately stopping the payment, the guarantor should also be contacted as soon as possible to require it to perform its guarantee obligations when due. If the guarantor refuses to perform its guarantee obligations, judicial means should be adopted to resolve the issue. my country's "Criminal Law" stipulates malicious overdraft behavior as a type of credit card fraud, and its constituent elements are:

1. The cardholder is a legal cardholder. If it is embezzlement or fraudulent use of another person's credit card, then This constitutes theft or fraudulent use of another person's credit card, but does not constitute a malicious overdraft.

2. The cardholder’s subjective intention is direct and intentional, and the purpose is to illegally occupy bank funds.

3. The cardholder has objectively committed malicious overdraft behavior, causing economic losses to the card-issuing bank.

4. The cardholder still refuses to return the money after being called by the card-issuing bank, and the amount is large or the time is long enough to reach criminal penalties.

For malicious overdraft behavior that meets the above-mentioned constituent elements, in accordance with the relevant provisions of my country's "Criminal Law" and "Criminal Procedure Law", the public security agency can file a case for investigation, and the procuratorial agency can file a criminal lawsuit with the People's Court. Investigate the criminal liability of malicious overdraft perpetrators.

If you are sued for an overdue credit card, the cardholder is likely to go to jail. If it is just a normal overdue credit card, the bank will not directly sue the cardholder to the court. Once you are prosecuted, it means that the overdue behavior is serious, so you are likely to go to jail for malicious overdue behavior.