1. How to avoid going to jail for paying off your credit card

The best way is to contact the card-issuing bank as soon as possible to explain your situation and that you are not malicious If it is overdue, it is just a temporary financial difficulty, there is a problem with capital turnover, you cannot repay immediately, and you need to apply for an extension of repayment.

Generally speaking, as long as the cardholder takes the initiative to contact the bank, the bank usually designs a repayment method acceptable to both parties. For example, deferring the repayment of arrears for 1-2 months, adding some handling fees, or cardholders repaying some arrears every month. After all, once the cardholder is unable to repay, the bank will also suffer losses, so as long as the cardholder is still willing to repay, the bank does not have to sue the cardholder.

2. Shouldn’t you sue if you owe less than RMB 50,000 to your credit card?

You need to sue. If a credit card owes less than RMB 50,000 and is overdue for more than 3 months and still has no intention to repay, the card-issuing bank can file a lawsuit in court and request the cardholder to repay, and the court will support its request. However, if the credit card debt is less than 50,000, the cardholder does not need to bear criminal liability, but it is natural to pay back the debt.

If the amount of malicious overdraft is between 50,000 yuan and less than 500,000 yuan, it shall be deemed as a "relatively large amount" as stipulated in Article 196 of the "Criminal Law" and shall be sentenced to fixed-term imprisonment of not more than five years. Imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. In other words, credit card debts of less than 50,000 yuan will no longer bear criminal liability, but this does not mean that banks cannot sue debtors.

So if the cardholder has not repaid the credit card for a long time, but the principal is less than 50,000, and he is willing to repay after the overdue period, and he will deposit money into the credit card to repay more or less every month, it does not count. If you maliciously overdraw your credit card, you will not be held criminally responsible for credit card fraud.

3. Is being unable to repay a credit card a malicious overdraft?

Being unable to repay does not mean that you do not want to repay, so it is not considered a malicious overdraft. Malicious overdraft refers to the cardholder's overdraft exceeding the prescribed time limit or time limit for the purpose of illegal possession, and the cardholder still fails to return the card after being urged twice by the issuing bank for more than 3 months. Malicious overdrafts are usually reserved for overdue credit cards. If it is a loan, there is no malicious overdraft, because only credit cards have overdraft functions.

In order to prove that you are unable to repay and not a malicious overdraft, if your credit card is overdue, if you are indeed insolvent. You can go to the subdistrict office, neighborhood committee or village committee. A hardship certificate, also called a poverty certificate, is issued, and then stamped with the official seal of the neighborhood committee or village committee. In addition to poverty certificates, cardholders can also use illness cases, unemployment certificates, etc. to prove that they are indeed unable to repay, rather than malicious overdrafts.

To apply for a credit card, you need to provide identity certification materials, work certification materials, and financial resources certification materials. The credit card must be issued by a commercial bank. The settlement of the credit card needs to be accurate to your home, so that expenses and income can be synchronized, and you can enjoy preferential policies. , to relieve economic pressure. If you owe 50,000 yuan to a credit card, you do not need to sue. The cardholder will be held civilly liable. If you pay the credit card debt in time, you can avoid going to jail.