Legal analysis: If the overdue credit card amount is large or small, for example, if it is less than 3,000 yuan or less, and you have to pay a little every month, the bank will not sue to the court. It will take a lot of manpower and time for the bank to sue the court. For overdue amounts with small amounts, if the cardholder pays back a little every month, the bank will be too lazy to sue; but for overdue amounts with huge amounts, more than 50,000 yuan, if the cardholder pays back a little every month after the overdue amount, the bank will review the card holder. Whether a person maliciously overdrafts and avoids prosecution by the bank by paying back a little every month, the bank will choose whether to file a lawsuit in court based on the actual situation.
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 relatively 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, he 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 there are other serious circumstances. For other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:
(1) Using a counterfeit credit card, or using a Using false identity certificates to fraudulently obtain credit cards
(2) Using invalid credit cards
(3) Pretending to use other people’s credit cards
(4) Malicious intentions Overdrawn.