Legal analysis: There are two main standards for filing overdue credit card cases. The first point is the filing standard for criminal cases, and the second point is the filing standard for civil cases. Because the standards are different, the consequences are often the same. Not the same. Usually, the standard for filing a criminal case is relatively high. If the credit card is overdue for more than one week, the bank will reduce the credit card limit to remind you to repay. Overdue within one month: The bank will call or send text messages to notify you that the loan is overdue and needs to be repaid. During this period, the bank will notify you directly and will not take coercive measures to collect the money. Overdue for more than one month but within three months: The bank will not conduct direct collection, but will outsource it to a professional collection company. This may have an impact on your life. More than three months overdue: The bank will take you to court for credit card fraud. The threshold for filing a civil case is low. The only criterion is that if the criminal case for malicious overdraft is not met, the card issuing bank can only file a civil lawsuit and cannot pursue criminal liability.

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 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 counterfeit credit card;

(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.