A malicious overdraft of RMB 50,000 on a credit card was sued. The debtor should actively respond to the lawsuit and repay the money in a timely manner. For those who maliciously overdraft more than 10,000 yuan and are suspected of credit card fraud, the law stipulates that banks can initiate criminal proceedings and hold the debtor criminally responsible. However, for those who actively repay their debts, the criminal penalty may be reduced or exempted at the time of judgment. The debtor can also negotiate with the bank for repayment and request the bank to withdraw the lawsuit to avoid legal liability.

Legal Basis

"Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 54 [Credit Card Fraud Cases (Criminal Law Article 196 Article)] who engages in credit card fraud and is suspected of any 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 or fraudulently use other people’s credit cards to commit fraud, 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 there is a malicious overdraft, the amount is more than 10,000 yuan but less than 100,000 yuan, and all the overdraft interest has been repaid before the public security organ files the case, and if the circumstances are obviously minor, criminal liability may not be pursued according to law.