1. If the credit card is overdue for more than 3 months, it may be considered as malicious overdraft and suspected of credit card fraud. In this case, the cardholder will bear criminal responsibility after being sued by the bank;

2. Malicious overdraft 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. When the overdue period exceeds three months, the overdue person's behavior is a criminal act of malicious overdraft, and the bank will take the overdue person to court for credit card fraud, and then face the bank's prosecution.

The penalty for overdue credit card is as follows:

1, who maliciously overdraws a credit card, and 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;

2. 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;

3. 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 of property.

Is it legal for credit cards to be overdue for home collection?

Credit card overdue home collection If it is a simple collection, it is not illegal. The following are illegal:

1, insulting others. Physical conflicts caused by abusive behavior are common, so in the process of collection, both parties try to remain calm and avoid further conflicts;

2. detention. When you don't pay your debts, you may even commit the crime of illegal detention that restricts your personal freedom. The law protects citizens' legitimate property, but it is never allowed to protect it in an illegal way;

3. Physical conflict. Generally, payment is made face to face. When you find that the other party has physical conflicts, try to avoid them. It is illegal for the collector to use violence or the customer to use violence without justifiable reasons;

4. Sell customers' property and collect customers' cash. In the process of collection, whatever has certain economic value, whether it is the trailer or the customer's property, needs to be reported to the company, waiting for the implementation of the disposal plan negotiated by the customer. Property shall not be disposed of at will without the consent of the customer. Taking customers' cash privately may lead to duty crimes, and it is also forbidden to sell customers' property and take customers' cash;

5. Entering the customer's home without permission. The Constitution of People's Republic of China (PRC) protects citizens' homes from infringement. The residence is the residence of citizens, and the door-to-door collection personnel should get permission to enter the customer's home so as not to infringe on others' residence. Forced entry may violate the law and may also lead to property disputes;

6. Disseminate customer information. Customer information is private. Spreading customers' information through the internet and other means infringes on customers' privacy, which is not allowed.

Legal basis: Article 245th of the Criminal Law of People's Republic of China (PRC).

Crime of illegal search; Crime of trespassing: Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.

Article 246

Crime of insulting; Defamation publicly insults others by violence or other means or fabricates facts to slander others. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.

If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.