According to the law, "malicious overdraft" 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 effectively collected by the issuing bank twice.
The standard for filing a criminal case for overdue credit cards is that you owe more than 50,000 yuan, which means that your credit card is overdrawn by more than 50,000 yuan. If you don't pay it back within the time limit, it may involve criminal law. There is no clear standard for civil filing, but banks usually choose to sue when the credit card debt reaches about 5,000 yuan. Under normal circumstances, overdue credit cards are civil disputes and do not involve criminal law. Involving criminal law is illegal and criminal. The most typical case of overdue credit card involving criminal law is that malicious overdraft constitutes credit card fraud.
After the credit card is overdue, it deliberately evades the bank's collection, such as not answering the phone, deliberately concealing one's property, refusing to repay, etc., which belongs to malicious overdraft and constitutes the crime of credit card fraud. Credit card arrears of more than 50,000 yuan, which have been effectively collected by the issuing bank twice and have not been returned for more than three months, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law of People's Republic of China (PRC), and criminal responsibility shall be investigated according to law. If the amount is relatively large, he 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.
Legal basis:
Article 193rd of the Criminal Law of People's Republic of China (PRC)
Under any of the following circumstances, whoever defrauds a bank or other financial institution for the purpose of illegal possession, 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) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) obtaining loans by other means.