According to the provisions of our country's laws, if it is a malicious overdraft on a credit card, you will be punished. Malicious credit card overdraft is not a trivial matter. If the credit card malicious overdraft limit reaches more than 5,000 yuan, the public security organ can file a case. Cardholders not only have to bear criminal penalties, but also pay a hefty fine. If a credit card debtor is sued, the cardholder may bear corresponding civil or criminal liability. If it is a civil lawsuit, the cardholder will bear civil liability for repayment. If he refuses to execute the court's judgment, he may also be suspected of refusing to execute the judgment or ruling and bear criminal liability. If it is a criminal prosecution, the cardholder will be held criminally responsible. Cardholders should actively repay the arrears with the bank. If they can repay all the arrears, they can request the bank to withdraw the lawsuit.

Overdue credit card repayments will face the following consequences:

1. Credit card overdue fines. The so-called credit card overdue penalty refers to the fee that the cardholder should pay to the card-issuing bank according to regulations when the cardholder fails to repay before the due payment date (inclusive) or the repayment amount is lower than the minimum repayment amount.

2. Overdue interest. After users use a credit card to overdraft, they usually have an interest-free repayment period ranging from more than 20 days to more than 50 days. If the cardholder repays overdue, all the cardholder's charges last month will no longer enjoy the bank's interest-free treatment, and the recurring daily interest rate is as high as 5/10000, that is, the annual interest rate reaches 18.

3. Bad credit record. Overdue credit card repayment records will enter the central bank's credit reporting system and generate a bad credit record.

4. Litigation costs. If the credit card is not repaid for more than 3 months, the bank will require a lawyer to issue a lawyer's letter to the user and file a lawsuit in court. The litigation costs will be borne by the cardholder.

5. Criminal liability for malicious overdraft. Bottom line, if you can't get a credit card because of a malicious overdraft, you're bound to go to jail unless you can find a way to get your money back before the bank sues. If you don’t have any consumption plan and often spend too much, these people are really not suitable for getting a credit card.

Legal basis:

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

Article 196: Credit card fraud is committed under any of the following circumstances: If the amount is huge or there are other serious circumstances, the sentence shall be fixed-term imprisonment of not more than 5 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 sentence shall be not less than 5 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 less than 10,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the offender 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 have property confiscated.

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