Legal analysis:

If the credit card is overdue for three months or the credit card is still not repaid after two reminders from the bank, the bank will sue the party concerned. But not all overdue credit cards will be prosecuted. Credit cards are divided into malicious overdue and non-malicious overdue. Malicious overdue may be prosecuted by the bank. If the credit card holder overdrafts and uses the credit card for illegal possession, and exceeds the prescribed limit or a certain period of time, two valid notices will be given to the issuing bank for three times. If you do not repay the loan after one month, you will be prosecuted for malicious overdraft. However, if the amount of arrears is not large or the annual fee is overdue, banks generally will not sue and will only collect the money through phone calls. In addition, according to relevant legal regulations, if the debt is more than 5,000 yuan and has not been paid back after collection, it is considered a malicious overdraft and will be included in the credit card fraud blacklist.

Legal basis:

"People's Republic of China and Civil Code"

Article 667 A loan contract means that the borrower borrows money from the lender , a contract to return the borrowed money and pay interest when due.

Article 668: A loan contract shall be in written form, unless otherwise agreed upon for a loan between natural persons.

The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 669: When entering into a loan contract, the borrower shall provide the true situation of business activities and financial status related to the loan as required by the lender.

Article 670: Interest on borrowings shall not be deducted from the principal in advance. If interest is deducted from the principal in advance, the loan shall be returned and interest calculated based on the actual borrowed amount.

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the person 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 serious circumstances If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:

(1) Using a forged credit card, or using a false credit card (2) Using an invalid credit card; (3) Pretending to use another person’s credit card;

(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 shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Derived questions:

Will one day's credit card overdue affect your credit?

Credit cards that are one day overdue will not affect your credit, because credit cards have a latest repayment date, and the latest repayment deadline is usually a grace period of three days before the repayment date. Under normal circumstances, repayments that are 1 to 3 days overdue will not be counted as overdue, but you still need to communicate with the bank's credit card center in a timely manner and explain the reasons in a timely manner to avoid negative consequences.