The first type: Civil filing

Since the standard for civil filing is relatively low, if the credit card is overdue, it does not meet the criminal filing standards for malicious overdraft. Once the bank prosecutes the overdue user, it can File a civil lawsuit in court.

Second type: criminal filing

If it is a criminal case, the filing standard will be higher. First, if the cardholder has been collected by the bank twice and the amount exceeds 3 months and still make the minimum repayment. In addition, the overdue credit card amount reached 50,000 yuan. If these two conditions are met at the same time, the cardholder will be sued by the bank for malicious overdraft. A malicious overdraft of 50,000 yuan meets the standard for filing a criminal case. After a court judgment, the cardholder is likely to be imprisoned.

Legal basis: "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" [Credit Card Fraud Cases (Article 196 of the Criminal Law) )] who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card Credit card, or fraudulently using other people’s credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan; (2) Malicious overdraft, with the amount exceeding 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all the overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.