Legal subjectivity:
1. If a bank files a civil lawsuit in the court, the court should decide whether to accept it within 7 days from the date of receiving the litigation materials. 2. If the amount of arrears reaches 10,000 yuan and is not returned for more than 3 months after two collections by the bank, it shall constitute a crime of credit card fraud and shall bear criminal liability. After the public security organ files a case for investigation, it usually takes about four months before the procuratorate files a public prosecution in the court. "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and has been called for collection twice by the card-issuing bank If the money is still not returned more than three months later, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) A large amount of overdraft, knowing that there is no ability to repay, cannot be returned; (2) Wantlessly squandering overdraft funds that cannot be returned; (3) escaping after overdraft, changing contact information, and evading bank collection; (4) fleeing, transferring funds, hiding property, and evading repayment; (5) using overdraft funds to commit illegal activities Criminal activities; (6) Other behaviors of illegally possessing funds and refusing to return them. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "A huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. Legal objectivity:
Article 122 of the "Civil Procedure Law" A lawsuit must meet the following conditions: (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts and reasons; (4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit. Article 126 The People's Court shall protect the parties' right to sue in accordance with the law. Prosecutions that comply with Article 122 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.