If one party is sued for overdue credit card, it is a civil debt dispute. It is suggested that the parties should repay the arrears as soon as possible and actively respond to the lawsuit. For the behavior of malicious overdraft 1000 yuan or more, if the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after being collected twice by the issuing bank for more than 3 months, it shall be deemed as "malicious overdraft", which may constitute the crime of credit card fraud and be punished by criminal law. .

Legal basis: Article 113 of the Civil Procedure Law, the people's court shall send a copy of the indictment 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 receipt. If the defendant submits a defense, the people's court shall send a copy of the defense to the plaintiff within five days from the date of receipt. If the defendant fails to submit the defense, it will not affect the trial of the people's court.

Article 177 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:

(1) Holding and transporting a counterfeit credit card knowingly, or holding and transporting a blank credit card knowingly, in a relatively large number;

(2) Illegally holding other people's credit cards, with a relatively large number;

(3) using false identification to defraud credit cards;

(4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means.

Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph.

Any employee of a bank or other financial institution who commits the crime mentioned in the second paragraph by taking advantage of his position shall be given a heavier punishment.