Legal analysis: Generally, a lawsuit can be filed if the credit card debt exceeds 10,000 yuan. If a cardholder maliciously overdrafts a credit card of more than 10,000 yuan for the purpose of illegal possession and fails to return it for more than 3 months after two collections by the issuing bank, he or she is suspected of credit card fraud and may be investigated and held criminally responsible. If all overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, the punishment may be reduced or criminal liability may be waived.

Legal basis: "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, the card-issuing bank shall If the money is not returned more than three months after the first effective collection, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Whether the purpose of illegal possession is for illegal possession shall be determined based on the cardholder's credit record, repayment ability and willingness, status of applying for and overdrafting the credit card, purpose of overdraft funds, performance after overdraft, reasons for failure to repay as required, etc. judge. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required.