1. If the debtor maliciously overdraws, he will file a case for prosecution and pursue criminal responsibility, and may go to jail;
2. If it is really a difficult life, and it is temporarily unable to repay, and it is not a malicious overdraft, it may not be investigated for criminal responsibility, but only need to bear the corresponding civil repayment responsibility.
for China merchants bank's credit card, if the minimum repayment of the bill is not returned in time before the repayment date expires, it will start to charge late fees and interest, and it will affect personal credit. All consumption with interest for the current period will be collected from the day of bookkeeping, with a daily interest rate of five ten thousandths until the preceding paragraph is fully paid off. If the credit card is overdue for more than 53, months, and the cardholder aims at illegal possession, it will be regarded as a malicious overdraft of the credit card, which constitutes the crime of credit card fraud. Generally, only when you know that you have no repayment ability and overdraw a lot, you can't return it or escape after overdraft, and change your contact information to avoid bank collection will you be considered as malicious overdraft.
Legal basis: Article 196 of the Criminal Law of the People's Republic of China
Credit card fraud is committed under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft.
the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
Theft Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.