Credit card prosecution process of CITIC Bank

If the credit card is overdue for three months or the bank fails to repay it twice, the bank will sue the party concerned. The credit card prosecution process of CITIC Bank is as follows:

1. First of all, if the parties fail to repay the money after repeated reminders, the bank will file a civil lawsuit with the court. The bank prepares a complaint, collects relevant evidence and submits it to the court with jurisdiction, which decides whether to accept it or not;

2, in line with the conditions for filing, notify the parties to pay legal fees within 7 days, and file a case after paying the fees; Send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt; 3. The court shall notify the parties of the time, place and undertaker of the hearing three days in advance;

4. Announce the court session, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal from the trial;

5. sentences;

6, civil cases if the summary procedure is applied for three months, the ordinary procedure for six months;

7, after the civil judgment, if the parties still do not return. Banks can apply to the court for enforcement. In addition, the case may be transferred to the public security organs for investigation and formally established as a criminal case;

8. After the investigation, the public security organ transferred the case to the procuratorate for public prosecution, accusing the parties of malicious overdraft, which constituted the crime of credit card fraud.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 122 A prosecution must meet the following conditions:

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

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Article 123 When a lawsuit is brought to a people's court, copies shall be submitted according to the number of defendants.

If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 124 A complaint shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.

Article 128 The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receiving the indictment. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.

If the defendant fails to submit the defense, it will not affect the trial of the people's court.

Derivative problem:

How to appeal after the judgment of first instance?

If a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.

If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served. The appeal shall be filed with the appeal. The contents of the complaint shall include the names of the parties, legal persons and their legal representatives or other organizations and their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal.