The credit card is accused of malicious overdraft of 80 thousand yuan, and the cardholder should actively respond to the lawsuit and repay the arrears. For those who maliciously overdraw 80,000 yuan, the law stipulates that they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined. However, those who can actively repay the arrears will generally be relieved or exempted from criminal punishment. If the court's judgment is still not fulfilled, it also constitutes a crime of refusing to execute the judgment or ruling. For those who can repay all debts before the judgment, they may also consult with the bank and request the bank to withdraw the lawsuit.

legal ground

Article 54 of the Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs [Credit Card Fraud (Article 196 of the Criminal Law)] If a person is suspected of credit card fraud, he shall file a case 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.