Legal analysis: Judicial procedures for overdue credit cards can generally be divided into ordinary procedures and simplified procedures according to the simplicity and complexity of the case.
The common procedures are: 1. Prosecution. It is usually a written complaint with a clear defendant, specific claims, facts and reasons. 2. Acceptance. After review, the court deemed that the legal conditions were met and decided to file the case. 3. Preparation before trial. A summons is served to the defendant, the defendant files a statement of defense, the two parties exchange evidence, and the court allows mediation on its own. 4. Open court. Trial preparation, court investigation, court debate, review and sentencing.
Summary procedure is an independent first-instance procedure that is applicable to basic people's courts and their dispatched courts in hearing simple civil cases; summary procedure is only applicable to Simple civil cases where the facts are clear, the relationship between rights and obligations is clear, and there is little controversy; the simplified prosecution method, the procedure for accepting the case, and the summons method are simple. The trial is carried out by a single-person system and the procedures are simple. When a court hears a case using simplified procedures, it shall conclude the case within three months from the date of filing the case.
Simplified procedure refers to an applicable procedure for on-the-spot administrative penalties, so it is also called on-the-spot punishment procedure. On-the-spot punishment is an administrative penalty imposed on the spot by administrative agencies or statutory organizations for administrative violations with clear facts, simple circumstances, and minor consequences.
The main legal consequences of non-payment of credit card debt are: 1. High overdue interest will be incurred. 2. The bank will sue you in court, which will incur economic losses such as litigation costs and attorney fees. 3. An individual will have a bad credit record, which will have an impact on future bank cards and loans. 4. If the amount owed exceeds 10,000 yuan, it constitutes a crime of credit card fraud and you will be held criminally responsible.
Credit cards applied for in banks all provide citizens with the service of borrowing bank funds in advance. However, some citizens do not accurately estimate their repayment ability, resulting in overdue credit cards but still being unable to repay the amount. After the accumulation exceeds the limit, the bank will sue, and judicial procedures often require many steps before a judgment is made.
Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or Criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person 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 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) Using a forged credit card, or using a false identity certificate to defraud (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.