Those who owe less than 50 thousand credit cards can not go to jail. If it is a malicious overdraft, it will be prosecuted by the bank, investigated for criminal responsibility, and may also go to jail; If it is not malicious overdraft, it will be prosecuted by civil law and investigated for civil repayment responsibility. According to the law, if the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and fails to return it for more than three months after being urged twice by the issuing bank, it is deemed as malicious overdraft. Malicious overdraft of more than 10 thousand yuan can be filed for prosecution.

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.