If the principal amount of the debt exceeds RMB 10,000 and is still not returned for more than 3 months after two collections by the card-issuing bank, it shall be deemed as a "malicious overdraft" under the criminal law and suspected of credit card fraud. Criminal liability may be pursued. If it is a private loan, you will generally not go to jail if you owe 10,000 yuan, because the debt is just a civil dispute. After the court makes a judgment, if you refuse to fulfill the judgment, you may be guilty of refusing to fulfill the judgment, and you will go to jail.

If your credit card is overdue by more than 10,000 yuan, you may not necessarily go to jail. If the 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 three months after being called upon twice by the issuing bank, and the amount exceeds 10,000 yuan, the law stipulates that a case shall be filed for prosecution. hold him criminally responsible. However, if all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. Cardholders can explain their willingness to repay and the fact that they are temporarily unable to pay off their credit card debts to the bank, and banks will generally grant relief.

Legal basis:

Article 196 of the "Criminal Law of the People's Republic of China" Under any of the following circumstances, if credit card fraud is carried out and the amount is relatively large, Whoever commits a crime 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 fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined 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 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 confiscation of property:

(1) ) Using a counterfeit credit card;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card; (4) Malicious overdraft.

"Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 54 [Credit Card Fraud Cases (Criminal Law Article 196)] Carrying out credit card fraud activities is suspected of Under any of the following circumstances, a case shall be filed for prosecution:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card, or fraudulently using another person’s credit card, Carrying out fraudulent activities with an amount of more than 5,000 yuan; (2) Malicious overdraft with an amount of more than 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all the overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. Legal Basis

Article 313 of the Criminal Law of the People's Republic of China and the People's Republic of China: Anyone who is capable of executing the judgment or ruling of the People's Court but refuses to execute it, if the circumstances are serious, shall be sentenced to a fixed term of not more than three years. Imprisonment, criminal detention or a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.