1. Isn't credit card going to jail?
Usually don't go to jail. If you owe your credit card and don't go to the bank to sue, you may not go to jail. It depends on the specific situation. Failure to repay a credit card at maturity is a breach of contract in civil law, and the debtor shall bear the corresponding liability for breach of contract according to the terms of use of the credit card. Under normal circumstances, if the overdue amount is large and the overdue time is long, bank prosecution will lead to imprisonment, and bank loans of several hundred thousand will not be sentenced to more than five years and less than ten years.
Second, how to solve the problem after the overdue credit card is sued?
If one party is sued for overdue credit card, it is a civil debt dispute, and both parties can settle it through consultation or wait for the court's judgment.
If you can't repay the loan, you'd better contact the lender as soon as possible and negotiate with the other party to see if you can extend the term and repay the loan by installments. Of course, if the lending bank or lending institution or platform does not agree, then the borrower can only pay off the arrears as soon as possible. Otherwise, the longer overdue, the more serious the impact. If the lending bank, institution or platform has access to the central bank's credit information, the overdue situation will be reported to the credit information, which will affect personal credit.
When the collection of malicious overdraft is invalid by the issuing bank, in addition to stopping payment immediately, the guarantor should be contacted as soon as possible to ask him to fulfill the guarantee responsibility when it expires. If the guarantor refuses to perform the guarantee responsibility, it shall take judicial measures to solve it. China's criminal law defines malicious overdraft as a kind of credit card fraud, and its constituent elements are:
1. The cardholder is a legal cardholder. If someone steals or fraudulently uses another person's credit card, it constitutes the act of stealing or fraudulently using another person's credit card, but it does not constitute malicious overdraft.
2. Subjectively, the cardholder is direct and intentional, with the purpose of illegally occupying bank funds.
3. The cardholder objectively made a malicious overdraft, which caused economic losses to the issuing bank.
4. The cardholder refuses to return it after being urged by the issuing bank, and the amount is large or it takes a long time to reach the liquidated damages.
Once the credit card is overdue, it is necessary to fully negotiate with the credit card center and ask for a suitable solution. If malicious overdue behavior is involved, such as high overdue amount, or long overdue time without active cooperation, it may be punished according to the crime of credit card fraud.