Credit card disputes are civil disputes. If the debtor is unable to repay the credit card, as long as there is no malicious default on the overdraft credit card, he will generally not go to jail.

However, if the borrower has malicious overdrafts or illegal possessions, and the overdraft amount, overdue time, number of collections, etc. exceed the prescribed range, it may constitute a crime of credit card fraud and need to bear corresponding criminal liability.

Therefore, if cardholders are unable to repay the card, they can apply to the bank for minimum repayment or deferred repayment. If overdue behavior occurs, it is recommended to pay off the outstanding balance in time.

Failure to repay credit card debt when due is a breach of contract in civil law, and the debtor shall bear corresponding liability for breach of contract in accordance with the terms of use of the credit card.

Generally, if a cardholder fails to repay a credit card, he will first receive a collection from the bank and be required to bear overdue interest. If the cardholder fails to repay the credit card for more than three months, he or she can file a lawsuit in court. Before the bank sues, as long as the debtor repays the principal and interest in a timely manner.

Once a credit card is overdue and is prosecuted, you will face the following consequences:

1. Continuous reminders from the bank

(1) When the borrower overdue repayment If the situation arises, the bank's credit card customer service center will first make multiple phone calls;

(2) If the payment is still outstanding, the bank will entrust a third party to collect the money, usually through continuous phone calls, text messages, or even door-to-door collection. ; If the loan is not repaid after repeated calls, the bank will sue the bank.

2. Being sued by the bank and unable to apply for a loan

The cardholder will be added to the credit blacklist and unable to apply for a loan. The court will collect collection. After receiving the court summons, after investigation and Persuade and urge repayment, but if the cardholder refuses to repay, the court can take enforcement action; subsequently, the court will liquidate the cardholder's assets to repay the card debt and freeze the relevant property.

3. Malicious default will lead to imprisonment and fines

A credit card that is overdue for three months can be regarded as a malicious overdraft penalty. However, if you communicate with the bank in advance and prove your repayment, If you have a repayment ability and a repayment plan, you will generally not face criminal liability. However, the court ruled that cardholders who still fail to repay will be dealt with according to the "Criminal Law". In serious cases, they may face consequences of three years in prison and fines. In particularly serious cases, they may face longer term imprisonment of three to seven years and fines. Pay a fine.

This is due to the fact that under normal circumstances, if a malicious overdraft of more than 50,000 yuan of credit is committed by the cardholder for the purpose of illegal possession, and if the card-issuing bank fails to return it for more than 3 months after two collections by the card-issuing bank, it will be He was held criminally responsible for credit card fraud.

With different properties, the consequences are completely different.

Therefore, if the cardholder encounters a situation where the credit card is overdue and the payment is not due, it is recommended to refer to the following methods:

1. If the credit card payment is not available, you can apply to the bank Minimum payment or deferred payment.

2. If overdue behavior occurs, it is recommended to pay off the debt in time;

3. If it is for the purpose of illegal possession, the overdraft amount reaches more than 50,000 yuan, and the card has been issued If the bank fails to return the money more than 3 months after two collections, it will be suspected of malicious overdraft and it will need to bear corresponding legal liability.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 196

There are the following In one of the circumstances, whoever commits credit card fraud 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; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years and not more than 10 years of imprisonment. to a fixed-term imprisonment of not more than 10 years and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to not less than 10 years in prison or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan. Fines or confiscation of property:

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

(2) Using an expired credit card;

(3) Pretending to use other people’s credit cards;

(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.

"Measures for the Supervision and Administration of Credit Card Business of Commercial Banks"

Article 70

Under special circumstances, it is confirmed that the amount owed by a credit card exceeds the repayment of the cardholder If the cardholder has the ability and the cardholder is still willing to repay, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum period of a personalized installment agreement shall not exceed 5 years.

The contents of the personalized installment repayment agreement should at least include:

(1) Arrears balance, structure, currency;

(2) Repayment Period, method, currency, date and repayment amount of each period;

(3) Whether annual fees, interest and other fees will be charged during the repayment period;

(4) Holding The cardholder shall not apply for a credit card commitment from any bank before all amounts related to the personalized installment repayment agreement have been settled;

(5) Rights, obligations and liability for breach of contract of both parties;

(6) Other matters related to repayment.

If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collecting payments from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt.