A court hearing will be held within three months at the latest. If you are sued because your credit card is overdue, it means that the overdue situation is serious. The court will decide within seven days whether to accept the case and notify the cardholder to know, and the case will be heard in court within three months at the latest.

If you are sued for an overdue credit card, the court hearing will usually be held within three months. The time from credit card prosecution to court hearing depends on the court's procedure for hearing the case. After the indictment is delivered to the court, it should review the case within seven days and decide whether to accept the case or not, notify the parties, and hold a court hearing within three months. When hearing a civil case, the people's court shall notify the parties and other litigation participants three days before the hearing. If the trial is held in public, the names of the parties, the cause of the case, and the time and place of the hearing shall be announced.

What are the steps for being sued for an overdue credit card?

(1) If a bank files a civil lawsuit in the court, the court should wait 7 days from the date of receiving the lawsuit materials. A decision will be made within a few days on whether to accept it.

(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.

The specific prosecution process is as follows:

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 opposing parties. 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 must 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 two copies of the 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 case 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 rule not to file the case according to law. accepted.

5. The parties concerned should prepay the case acceptance fee and other litigation costs within seven days from the date of receipt of the acceptance notice. If they really have difficulties, they can apply to this court for a reduction, postponement, or If the written application for exemption from payment is not submitted within the time limit or the written application for deferment, reduction or exemption is not approved and the application is still not submitted in advance, this court will rule as automatically withdrawing the case.

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.

After being sued for an overdue credit card, the court will evaluate the case and decide to handle the case within three months at the latest. Both parties can fully negotiate before the court gives the final judgment. If consensus is reached, the credit card center can apply to the court to withdraw the lawsuit.

To sum up, this is the editor’s answer to whether your credit card will be overdue. I hope it can help you.

Legal basis:

"Interpretation 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 of Obstructing Credit Card Management"

Article 6 If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than three months after two effective collections by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. ". Whether the purpose of illegal possession is for illegal possession shall be determined based on the cardholder's credit record, repayment ability and willingness, status of applying for and overdrafting the credit card, purpose of overdraft funds, performance after overdraft, reasons for failure to repay as required, etc. judge. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required.