This depends on whether it is a civil dispute or a criminal case. If you simply owe a credit card and have no money to pay back, it is usually a civil dispute and the police will not get involved, so you don’t have to worry about arresting someone. If a malicious overdraft on a credit card constitutes the crime of credit card fraud and cannot be repaid, it is a criminal case. The police will first open an investigation and formally arrest the person after collecting evidence. However, the suspect may be detained during the period.
How long does it take for your credit card to be overdue?
1. More than 3 months; if there are 6 or more overdue behaviors in 3 months, the bank will charge you If it is set as a credit blacklist, and this list will be uploaded directly to the central bank center, then you will not be able to apply for credit services in the next five years, which will actually have a great impact on you.
2. Overdue for three consecutive times; if the credit card is overdue three times in a row, the bank will characterize it as a malicious overdue credit card. Once it is determined as a malicious overdue credit card, the consequences will be more severe than the consequences of an overdue credit card. serious. Banks will also initiate legal measures to protect their own rights and interests in accordance with the law, and the scope, breadth, and depth of the negative impact will be unimaginable.
Legal Basis
"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing Credit Card Management" (Fa Interpretation [2009] No. 19):
p>
Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be a violation of Article 19 of the Criminal Law. "Malicious overdraft" as stipulated in Article 16. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late payment fees, handling fees and other fees charged by the issuing bank
"Criminal Law"
Article 196: Under one of the following circumstances, credit card fraud is carried out, and the amount is relatively large If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan; A fine of not more than 100,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be 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, or property confiscation:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates;
(2) Using an expired credit card;
(3) Pretending to use someone else’s credit card Credit card;
(4) Malicious overdraft.