If you are sued for defaulting on your credit card, you may go to jail. If the cardholder's overdraft limit is too high, he may be involved in credit card fraud. Malicious overdraft refers to a cardholder who, for the purpose of illegal possession, or knowingly cannot repay, overdrafts an amount that is larger than the overdraft amount allowed by the credit card, evades investigation, or fails to repay within 3 months from the date of receipt of a collection notice from the card-issuing bank. behavior. A malicious overdraft of more than 5,000 yuan is considered a "large amount". A malicious overdraft of more than 50,000 yuan is considered a "huge amount." A malicious overdraft of more than 200,000 yuan is considered an "especially huge amount."

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

Article 196

The crime of credit card fraud involves one of the following circumstances: credit card fraud 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 or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 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 identification;

(2) Using an expired credit card;

( 3) Fraudulent use of 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 for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.