Credit card overdue can't afford to be sued.
The credit card has not been charged. If the amount of malicious overdraft is more than 6,543,800 yuan, which is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years. If the credit card holder is unable to repay due to illness, unemployment and other reasons, he should apply to the card-holding bank within the repayment period to explain his financial situation and apply for an extension of the repayment period. According to the regulations, if the credit card is not returned within the time limit, it will be considered a crime. Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
What if the credit card is overdue for one year?
The credit card has expired for one year. If you have the repayment ability, it is recommended to pay off the arrears in time. If you have no repayment ability, you can apply to the bank for deferred repayment or installment repayment. According to the law, if the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after two times of collection by the issuing bank for more than three months, it will be deemed as "malicious overdraft" and will be filed for prosecution. Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
Legal basis:
Criminal law of the people's Republic of China
Article 196
Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the 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.