If the amount of bad debts of credit cards is not large, banks will generally not sue, because the cost of prosecution is relatively high, and banks will blacklist users at most. When the amount of bad debts is large, banks will sue users. When it is determined that there is credit card fraud in malicious overdraft credit card, the user may have to bear the corresponding criminal responsibility.

Article 1 19 of the Civil Procedure Law

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.