1. If the cardholder, for the purpose of illegal possession, exceeds the prescribed limit or overdraws within the prescribed time limit, and the card-issuing bank fails to return it for more than 3 months after twice collection, the bank will ask a lawyer to make a dunning. \x0d\ II。 According to the Interpretation of the Supreme People's Court the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (Fa Shi [2009]19): \x0d\ Article 6 If a cardholder overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, it shall be deemed as Article 196 of the Criminal Law after being repeatedly urged by the issuing bank for more than three months. Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. \ x0d \ x0d \ The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions specified in the first paragraph. Excluding compound interest, late fees, handling fees, etc. 3. Article 196 of the Criminal Law Whoever commits credit card fraud under 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 particularly 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 his property shall be confiscated: \x0d\ (1) using a forged credit card or using a credit card fraudulently obtained with false identification; \x0d\ (2) An invalid credit card was used; \x0d\ (3) Fraudulent use of other people's credit cards; \x0d\ (4) Malicious overdraft.