Legal analysis:

If you return the property promptly or negotiate for installment repayment, you may not necessarily go to jail, as long as there is no illegal possession for the purpose of malicious non-repayment. But if the bank sues, you may go to jail.

The main legal consequences of non-repayment of credit card debts are:

1. High overdue interest will be incurred.

2. The bank will sue you in court, and you will incur economic losses such as litigation costs and attorney fees.

3. Individuals will have bad credit records, which will have an impact on future bank cards and loans.

4. If the amount owed exceeds 10,000 yuan, it constitutes a crime of credit card fraud and will be held criminally responsible.

Credit card debt should be considered a crime in the case of malicious overdraft. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank.

Conditions for malicious credit card overdraft to constitute a crime

1. Two collections from the issuing bank

2. Failure to repay the amount due for more than three months. The dispatcher failed to return the payment on time because he did not receive the bank’s reminder notice or other reminder documents. The cardholder did not receive relevant notices or documents, resulting in the card not being returned after a certain period of time. It does not fall into the category of "malicious overdraft".

Legal basis:

"Measures for the Supervision and Administration of Credit Card Business of Commercial Banks"

Article 57 The card-issuing bank shall state in the credit card acceptance contract (agreement) It clearly stipulates the specific operating procedures for using the cardholder's relevant assets to repay credit card loans. Without the cardholder's authorization, the cardholder's assets may not be used to directly offset credit card accounts receivable. Except as otherwise provided by national laws and regulations.

When the card-issuing bank receives the repayment from the cardholder, it will offset the various arrears of the credit card account in the following order: if it is overdue for 1-90 days (inclusive), the interest receivable first or Various expenses will be offset in the order of principal, and if the payment is overdue for more than 91 days, principal will be offset first, followed by interest receivable or various expenses.

Article 92 Commercial banks shall implement classified management of credit card risk assets. The classification standards are as follows:

(1) Normal category: The cardholder can repay the loan as agreed in advance. The rule is to repay the amount payable in full before (and including) the due payment date.

(2) Category of concern: The cardholder fails to repay the amount payable in full on the due repayment date according to the pre-agreed repayment rules, and the number of overdue days is between 1 and 90 days (inclusive).

(3) Sub-category: The cardholder fails to repay the amount payable in full on the due repayment date according to the pre-agreed repayment rules, and the number of overdue days is 91-120 days (inclusive).

(4) Suspicious category: The cardholder fails to repay the amount payable in full on the due repayment date according to the pre-agreed repayment rules, and the number of overdue days is 121-180 days (inclusive).

(5) Loss category: The cardholder fails to repay the amount payable in full on the due repayment date according to the pre-agreed repayment rules, and the number of overdue days exceeds 180 days.

Commercial banks are encouraged to adopt a more prudent classification of credit card assets on the premise that the business system can support it, the classification operation is legal and compliant, and the classification method and data calculation method have been approved by the China Banking Regulatory Commission and its relevant agencies. standards, continue to pay attention to and regularly compare important risk management indicators related to reserve accrual, risk asset measurement and other aspects, and take corresponding risk control measures.

Derived questions:

How long does it take for a credit card to be overdue to have a bad credit record?

In principle, a credit card will have a bad credit record as long as it is overdue once, regardless of the overdue time. No matter how long it takes, it will definitely be recorded in the personal credit information system under the central bank. Overdue credit card refers to failure to repay the minimum payment amount shown on the bank statement before the due date. Not only does it require interest and late payment fees, but it also affects your personal credit record.