Methods for handling credit card suspected of malicious overdraft:

1. Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined.

2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

3. If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.

1. Malicious overdraft behavior:

1. For the purpose of illegal possession, the cardholder overdrafts beyond the prescribed limit or within the prescribed period, and the overdraft principal exceeds 10,000 yuan. , and has not returned the payment for more than 3 months after being called upon twice by the card-issuing bank;

2. Overdrafting a large amount of money despite knowing that one has no ability to repay, wantonly squandering the overdraft funds, and evading bank collection through various means , may be deemed as "malicious overdraft";

3. Failure to repay the principal and interest of the overdraft within the prescribed period but continues to overdraft.

2. Legal consequences of being unable to repay a credit card overdraft:

1. Overdue repayment will be recorded in the personal credit report, but negative information such as overdue repayment will not always be recorded in the personal credit report. According to the report, my country’s current credit record retention period is five years. After paying off the balance, anyone can start building their credit history all over again.

2. Overdue bank credit card payments may be suspected of credit card fraud;

3. If the principal amount of the debt exceeds 10,000 and the amount exceeds 10,000 yuan after two collections by the card-issuing bank, If it is not returned within 3 months, it shall be deemed as a "malicious overdraft" under the criminal law, suspected of credit card fraud, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to law, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;

4. If the amount of malicious overdraft is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or Criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:

(1) Using a counterfeit credit card, or Using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.