Legal analysis: if the credit card is not returned after being collected by the issuing bank for more than three months and twice, and the amount of malicious overdraft exceeds 10,000 yuan, criminal responsibility will be investigated. However, if the amount of malicious overdraft is between100,000 yuan and100,000 yuan, and all overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, the responsibility may not be investigated.

Legal basis: Article 54 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs, it is alleged that credit card fraud should be filed for prosecution under any of the following circumstances:

(1) Using forged credit cards, or using forged identity documents to defraud credit cards, or using invalid credit cards, or fraudulently using other people's credit cards to engage in fraudulent activities, with an amount of more than 5,000 yuan;

(2) Malicious overdraft, the amount of which is more than 1 10,000 yuan.

The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank.

Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.