You do not have to go to jail if your credit card is overdue and you are collected. If it is only being collected by the bank, it means that no lawsuit has been filed. The debtor can repay in time or negotiate with the bank for repayment. Generally, the bank will not collect debt or pursue legal liability after repayment. However, if the debt exceeds RMB 10,000 and the debt is not repaid for more than three months after collection, the person will be suspected of credit card fraud and will be prosecuted. If it does not constitute a criminal offense, the bank will also file a civil lawsuit to demand repayment of the debt.

Legal Basis

"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 Article)] who engages in credit card fraud and is suspected of any of the following circumstances shall be prosecuted:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card or fraudulently use other people’s credit cards to commit fraud, with the amount exceeding 5,000 yuan; (2) Malicious overdraft, with the amount exceeding 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 there is a malicious overdraft, the amount is more than 10,000 yuan but less than 100,000 yuan, and all the overdraft interest has been repaid before the public security organ files the case, and if the circumstances are obviously minor, criminal liability may not be pursued according to law.