Legal analysis: 1, the bank may sue at any time, regardless of the length of default; 2. Only when the amount of principal in arrears reaches more than 10,000, and it is not returned for more than 3 months after being collected twice by the issuing bank, is it considered as "malicious overdraft" in criminal law and suspected of credit card fraud.

Legal basis: Article 1 19 of the Civil Procedure Law of People's Republic of China (PRC).

Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.