If you are sued for an overdue credit card, you should proactively contact the bank to see if the case can be mediated privately. If the bank agrees, it should draw lots and pay off the debt as soon as possible; if the cardholder is really in financial difficulty, he can communicate with the bank to negotiate an extension of repayment; usually the bank just hopes to recover the debt as soon as possible, and does not really want to Take the cardholder to court. Therefore, the cardholder guarantees that he can repay the loan as agreed and take action, which is generally acceptable. If the cardholder takes no action, it may be considered a malicious overdraft. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank.

1. What is the specific prosecution process for overdue credit cards?

(1) When a party files a lawsuit, it must first submit a letter of indictment and submit a corresponding number of copies according to the number of parties on the other side. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the prosecution, and the tail should be signed or stamped with an official seal.

(2) According to the principle of "whoever makes the claim must provide evidence", the plaintiff should submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units as plaintiffs should submit copies of business licenses, business registration certificates and other materials.

2. Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

(3) When parties submit documentary evidence to the court, they should fill in a duplicate evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list. One copy will be handed over to the parties and the other will be filed.

(4) After the parties have completed the necessary procedures and submitted all relevant evidence materials, the case filing court will handle the filing procedures within seven days for those who meet the conditions for filing the case; for those who do not meet the conditions for filing the case, it will make a ruling in accordance with the law. Not accepted.

(5) The parties concerned shall prepay the case acceptance fee and other litigation costs within seven days from the date of receipt of the acceptance notice. If there are indeed difficulties, they may apply to this court for a reduction or reduction within the prepayment period. If the written application for postponement or exemption of payment is not submitted within the time limit or the written application for postponement, reduction or exemption of payment is not approved and the application is still not submitted in advance, this court will rule that the case will be automatically withdrawn.

(6) After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the various work arrangements of the court and go to the finance office to settle the litigation expenses after the case is concluded. Any excess will be refunded and any less will be compensated.

Legal basis:

"Contract Law of the People's Republic of China"

Article 201: The lender shall be liable for loan default if the lender fails to comply with the agreed terms. If a loan is provided on a certain date and amount and causes losses to the borrower, the borrower shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, the borrower shall pay interest on the agreed date and amount. Article 206 The borrower shall repay the loan within the agreed time limit. If there is no agreement on the loan period or the agreement is unclear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the borrower may return the loan at any time; the lender may urge the borrower to return the loan within a reasonable period of time.

"Several Provisions of the Supreme People's Court on the Publication of Information on the List of Dishonest Persons Subject to Execution"

Article 1: The person subject to execution fails to perform the obligations specified in the effective legal document and has any of the following circumstances: 1. The people's court shall include them in the list of dishonest persons subject to execution and impose credit penalties on them in accordance with the law:

(1) Those who have the ability to perform but refuse to perform the obligations specified in effective legal documents;

(2) Obstructing or resisting execution by forging evidence, violence, threats, etc.;

(3) Avoiding execution by false litigation, false arbitration, or by concealing or transferring property;

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(4) Violating the property reporting system;

(5) Violating the consumption restriction order; (6) Refusing to perform the settlement agreement without justifiable reasons