A: As long as it is overdue, China Merchants Bank can file a civil lawsuit no matter how long. If China Merchants Bank's credit card is overdue for more than three months, or if it has not been repaid by the bank for more than two times, and the user who owes a large amount may be sued for credit card fraud and malicious overdraft.

Legal basis: Article 119 of the Civil Procedure Law 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) There is a clear defendant;

(3) There are specific claims, facts and reasons;

(4) it is within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court against which the lawsuit is filed.

Article 196 of the Criminal Law commits credit card fraud under any of the following circumstances, and 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 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of article 264 of this law.