Criteria for filing SMS fraud

1. If a bank brings a civil lawsuit to the court, the court shall decide whether to accept it within 7 days from the date of receiving the litigation materials.

2. If you owe RMB 10000 yuan, you still don't pay it back for more than 3 months after two bank collections, which constitutes the crime of credit card fraud and should bear criminal responsibility. After the public security organ files a case for investigation, it usually takes about four months for the procuratorate to file a public prosecution with the court.

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 Impairment of Credit Card Management.

Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:

(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;

(two) squandering overdraft funds, unable to return;

(3) Escape after overdraft, change contact information and avoid bank collection.

(4) evading or transferring funds, concealing property or evading repayment;

(five) the use of overdraft funds for illegal and criminal activities;

(six) other acts of illegal possession of funds and refusal to return them.

Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.