First, the online loan overdue prosecution filing standards

1. If the lender fails to repay the net bag within the time limit after lending it, the lender will sue the people's court to recover the creditor's rights.

2, the court filing standards are as follows:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.

3. Legal basis: Article 122 of the Civil Procedure Law of People's Republic of China (PRC).

Second, how to sue if an individual owes money?

1. If the loan term has expired and the loan has not been repaid after being urged by the lender, the lender may bring a lawsuit to the people's court in accordance with the law and use legal weapons to safeguard its legitimate rights and interests. Lenders should pay attention to the limitation of action when suing. The Civil Law stipulates: "The limitation of action for requesting protection of civil rights from the people's court is two years." If the limitation of action exceeds two years, the people's court will not accept it, and the lender's creditor's rights will lose legal protection.

In order to prevent the statute of limitations from exceeding, the lender may require the borrower to write a repayment plan before the expiration of the statute of limitations, thus interrupting the statute of limitations. According to the law of our country, the new limitation of action is recalculated from the date of interruption, so that the lender not only has the right to sue, but also can continue to enjoy the right to win the case, which is conducive to protecting the legitimate rights and interests of the lender.

2. Creditors should probably pay attention to the following evidence when suing: evidence about the debtor's subject qualification, contracts or agreements, bills of lading (which must be signed by the debtor), consignment notes, IOUs and various settlement bills. , and other telegrams, faxes and letters related to debts shall be properly kept. The evidence collected shall be provided to the people's court in a timely manner.

3. You can apply to the people's court for evidence preservation in time for evidence that may be put out of fire due to special circumstances or that is difficult to obtain later; For evidence that cannot be collected by itself due to objective reasons, you can apply to the people's court for investigation and collection in time. According to the provisions of the Civil Procedure Law, if the lender fails to repay the loan within the time limit after the net bag loan, the lender will sue the people's court and recover the creditor's rights. The criteria for filing a case by the court are: the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; There are clear defendants, etc.

Legal objectivity:

Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he 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 confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.