You can file a case if you owe a credit card 5000, but you must have fraud to file a case. If the cardholder fails to repay the overdrawn credit card and meets two restrictions, the bank may handle it according to law:
1, which are two collections of the issuing bank;
2. If you don't pay back the debt for more than three months, it is a malicious overdraft.
1. What should I do if my credit card is overdue?
1, take the initiative to negotiate in combination with facts.
Originally, the cardholder was overdue and may have accumulated more interest. Everyone should take the initiative to negotiate with the bank, instead of thinking about one step at a time and asking for interest rate cuts. Focus on reality. Explain your income and strive for a personalized staging plan.
2. Show a positive willingness to repay.
The bank has a policy of stopping posting, that is, suspending interest calculation and processing after posting. In the case of major changes in the economy, cardholders are really unable to repay, and showing positive willingness to repay will help improve the success rate.
3. Provide proof of economic difficulties
It is not good for banks to stop paying interest and hang accounts. You'd better come up with materials that can make the economy difficult, such as unemployment certificate, serious illness/hospitalization certificate. If the credit card is simply maxed out, the bank will definitely not agree to negotiate.
2. How much can a credit card be overdrawn?
1. Generally speaking, the overdraft limit of a credit card is between 3000 yuan and 50000 yuan. When you apply for a credit card, the bank will make a comprehensive evaluation based on the information you provide.
2. Different users have different credit card overdraft limits. Set the overdraft withdrawal limit according to the user's card usage. Different banks have different withdrawal standards, ranging from 30% of the credit limit to 100% of the credit limit.
legal ground
Criminal law of the people's Republic of China
Article 196 Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he 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 confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as 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.