Overdue repayment after a credit card overdraft is a breach of contract. The bank can require the cardholder to repay the principal as well as overdue interest, late payment fees, over-limit fees, etc.; if the bank sues in court and wins, the bank can require the cardholder to repay the principal, overdue interest, late payment fees, over-limit fees, etc. The cardholder also has to bear the costs of litigation. If a cardholder maliciously overdrafts a certain amount for the purpose of illegal possession and fails to repay the amount overdue, this constitutes a crime of credit card fraud and he will also bear criminal liability. Failure to repay overdue payments will leave a bad credit record for the cardholder and will affect the smooth progress of the cardholder's future loans and other activities

1. What should I do if Shanghai Pudong Development Bank sues me for a credit card dispute

1. Failure to repay after the due date after using a card for overdraft is a breach of contract. The bank can require the cardholder to repay the principal as well as overdue interest, late payment fees, over-limit fees, etc.; if the bank sues in court and wins the case , the cardholder will also have to bear the litigation costs.

2. If the cardholder maliciously overdrafts to a certain amount for the purpose of illegal possession and fails to repay the amount overdue, it constitutes a crime of credit card fraud and he will also bear criminal liability. Failure to repay overdue payments will leave a bad credit record for the cardholder, which will affect the smooth progress of the cardholder's future loans and other activities

2. How to solve the case after being sued for overdue credit card by Pudong Development Bank

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1. Full repayment.

If possible, do everything you can to pay back the overdue late payment fees and corresponding interest on your credit card. The purpose of the bank is also to repay the loan. Apart from the impact on the credit report, there is basically nothing much to do after the repayment.

2. Negotiate a settlement with the bank.

If you really do not have the ability to repay, you can explain your actual situation clearly to the person in charge of the bank, and list your repayment plan and source of income to the bank. When the situation is good, you can also reach a settlement agreement. . Banks also know that if you truly have no enforceable property, suing can be more symbolic than practical.

3. Cooperate with litigation.

There is no money to repay, and no settlement has been reached with the bank. All that is waiting is litigation. Except for credit card fraud involving malicious overdrafts and general expected non-payment, these are just civil disputes. Don't be too nervous about this, actively cooperate with the lawsuit, and wait for the court to decide the rest.

4. Prove that the overdraft is not malicious.

For overdue credit cards, the most important thing is to prove that your overdraft is not malicious. In layman's terms, a non-malicious overdraft is a consumption behavior that you originally thought you could repay, but who knows that it backfires and you can't repay it. Don't let people think that the overdraft is malicious, otherwise you will face a criminal lawsuit.

3. Is it true that Pudong Development Bank’s credit card is overdue for three months and that it will be sued?

1. The lawsuit is certain, it is just a matter of sooner or later. However, whether it is a civil lawsuit or a criminal case mainly depends on the amount of the cardholder's overdraft principal.

2. According to the new judicial interpretation of credit cards by the two top governments, a malicious overdraft with a principal of more than 50,000 yuan is suspected of credit card fraud. If the overdraft principal is RMB 50,000 or less, the card issuing bank can only take civil litigation against the cardholder to collect the payment. According to the new regulations of the two top governments on the identification of malicious credit card overdrafts, overdrafts of RMB 50,000 and below are not enough for criminal filing, and only refer to the principal, excluding interest, liquidated damages, annual fees and other handling fees. There is almost no limit on the amount of the subject of litigation in civil litigation. As a general civil economic dispute, creditors can still claim their rights through legal channels even if it costs 1 cent. If it is overdue for more than 3 months, it is considered a non-performing loan. As a card issuing bank, taking legal means to collect debt is the last resort. As for when to sue, it depends on the bank’s decision and arrangements. From the internal management of the bank, it must have been included in the target of prosecution.

Legal basis:

"Criminal Law"

Article 196 stipulates that the crime of credit card fraud and theft falls under one of the following circumstances. Those who engage in fraudulent activities if 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 not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the person 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 have his property confiscated:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use other people’s credit cards;

(4) Malicious overdraft.

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.