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What happens if you can't pay off your credit card? Can you file for bankruptcy?

1. What will happen if you can’t pay off your credit card? Can you file for bankruptcy?

No. At present, our country does not have a personal bankruptcy system. Individuals who owe credit cards cannot apply for bankruptcy. No matter how much money they owe to the credit card, the credit card holder must fulfill his repayment obligations. In addition, even if you can file for bankruptcy, it does not mean that you can not pay back the money you owe. Bankruptcy is mainly to allow debtors to better repay their debts and to protect the rights and interests of creditors. Failure to repay credit card debt may constitute credit card fraud and subject you to criminal liability.

2. Will you go to jail if your bank credit card is overdue?

You may not go to jail if your credit card is overdue. This depends on factors such as the reason for the overdue date and the amount. Generally speaking, the consequences of overdue credit card debt are as follows:

1. A bad credit record will be generated, which will affect personal credit and future credit business, such as loans, car loans, home loans, etc. Other businesses, etc., will also affect individuals' ability to handle credit card business at other banks.

2. Overdue repayment will generate interest and late payment fees. If the debt is owed for too long, high interest and late payment fees will be generated. Therefore, if an individual is unable to repay, he should actively think of various ways to repay to avoid higher interest and late fees the longer the delay is.

3. If the repayment is overdue for more than six months, the bank may file a civil lawsuit in court to require forced repayment.

4. If it is a malicious overdraft and you refuse to repay it, the larger amount may be involved in credit card fraud and you will need to bear criminal liability. At this time, you may go to jail.

Specifically, we must make it clear that the following elements constitute a malicious overdraft:

(1) The cardholder uses it for the purpose of illegal possession;

(2 ) exceeds the prescribed limit or is overdrafted within the prescribed period;

(3) The card is not returned even after being called upon by the card-issuing bank.

In this case, it will be considered a malicious overdraft. If the amount is larger, you will be held criminally responsible:

(1) The larger amount is 10,000-100,000: The person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to a fine of not less than 20,000 yuan but not more than 200,000 yuan;

(2) If the amount is huge, that is, 100,000 to 1 million, or there are other serious circumstances, he shall be sentenced to five years A fine of not less than 50,000 yuan but not more than 500,000 yuan;

(3) If the amount is particularly huge, that is, more than 1 million, or there are other particularly serious circumstances, the person shall be sentenced to ten years. or life imprisonment, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property.

Through the above analysis, we know that according to the provisions of the "Enterprise Bankruptcy Law", only a legal person enterprise can apply for bankruptcy after it becomes bankrupt. Individuals are not legal entities, so if they have credit card debts that cannot be repaid, they cannot apply for bankruptcy. The individuals bear unlimited joint and several liability for the debts.

If you cannot pay off your credit card, you cannot file for bankruptcy because individuals cannot file for bankruptcy. No matter what, credit card debts need to be repaid. Even if the company files for bankruptcy, the debts still need to be repaid. Corporate bankruptcy is only to allow debtors to repay their debts better. It also protects creditors' interest, not to avoid arrears.