What will happen if the credit card is overdue for judicial intervention

Legal analysis: Generally speaking, the judicial procedure of overdue credit card can be divided into ordinary procedure and summary procedure according to the simplicity and complexity of the case.

The ordinary procedure is: 1, prosecution. Usually, it is a written lawsuit, with a clear defendant, specific claims, facts and reasons. 2. accept. After examination, the court decided to file a case that meets the statutory conditions. 3. Preparation before trial. Send a summons to the defendant, the defendant submits a defense, the two sides exchange evidence, and the court allows self-mediation. 4. Open a court session. Court preparation, court investigation, court debate, appraisal and sentencing.

Summary procedure is relative to ordinary procedure, and it is an independent first-instance procedure for grass-roots people's courts and their dispatched courts to try simple civil cases. Summary procedure is only applicable to simple civil cases with clear facts, clear rights and obligations and little controversy; Simple prosecution method, case acceptance procedure and summoning method are simple. The trial is conducted on an exclusive basis and the procedure is simple. When a court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.

Summary procedure refers to an applicable procedure of administrative punishment on the spot, so it is also called punishment procedure on the spot. On-the-spot punishment means that administrative organs or statutory organizations give administrative punishment on the spot for administrative violations with clear facts, simple circumstances and minor consequences.

The legal consequence of not returning the credit card is: 1, which will generate high overdue interest. 2. Will be sued by the bank to the court, resulting in legal fees, attorney fees and other economic losses. 3. Individuals will have bad credit records, which will have an impact on future bank cards and loans. 4. The amount owed is more than 6,543,800 yuan, which constitutes the crime of credit card fraud and should be investigated for criminal responsibility.

Credit cards handled in banks are provided by citizens by borrowing bank funds in advance. However, some citizens are unable to repay their credit cards after failing to accurately estimate their repayment ability. After the accumulated amount exceeds the limit, it will be sued by the bank, and the judicial process often takes many steps to make a judgment.

Legal basis: 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 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 particularly 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 his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (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.