Minsheng bank sent a text message saying that it would open a court to prosecute.

Legal analysis: according to your information and laws, you can generally fight for rights and interests:

1, the bank will report the case, but whether or not to file a lawsuit depends on your specific situation.

2. If the crime of credit card fraud is enough, file a criminal case. In view of the fact that your behavior has been overdue for more than three months, and 40,000 yuan is a large amount, I suggest you handle it with caution and repay it as soon as possible.

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 shall also be fined not less than 20,000 yuan but not more than 200,000 yuan, or if there are other serious circumstances, it 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, or if there are other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than five