1. If the credit card is owed more than 1, yuan, and it is not returned for more than 3 months after the card-issuing bank has made two reminders, it will be prosecuted and put on record. For those who maliciously overdraw a credit card for more than 1, yuan, and the cardholder takes illegal possession for the purpose, and fails to return it after two collections by the issuing bank for more than 3 months, it is suspected of credit card fraud, and can initiate an investigation and investigate its criminal responsibility. If all the overdraft interest has been repaid before the public security organ files a case, if the circumstances are obviously minor, the punishment may be mitigated or exempted from criminal responsibility.

2. Legal basis: Article 196 of the Criminal Law of the People's Republic of China

Credit card fraud is committed under any of the following circumstances. If the amount of credit card fraud is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 2, yuan but not more than 2, yuan shall also be imposed; 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 5, yuan but not more than 5, 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft 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.

Theft Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Second, what will happen if the credit card is overdue?

The consequences of overdue credit card are:

1. High interest and late fees will be generated;

2. Credit cards overdue for more than 2 months will be frozen, depending on the bank regulations. Generally, they can only be deposited but cannot be withdrawn.

3. Bad credit records will have a negative impact on applying for credit cards or loans again in the future, and the credit limit of existing cards will also be reduced;

4. If the cardholder insists on not paying the loan, the bank will sue. If it constitutes malicious default, the bank will investigate the criminal responsibility of the cardholder on the charge of "suspected credit fraud", and will go to jail in serious cases.